You may disagree with the amount of public funding that’s been committed to it or its location at the former site of the Orange Bowl, but the Florida Marlins’ ballpark is actually being built. Construction is thoroughly underway.

So much so that the team was happy to show off the ongoing construction during a hardhat media tour this morning. Check out a photo gallery here. Sid Perkins, the project’s construction manager who works for the Hunt/Moss joint venture that his building the venue, was our tour guide. He wore a black Marlins polo shirt, a cowboy-shaped hardhat with a Smith & Wesson logo, and carried a cigar.

We had to wear hardhats, too, (although not cowboy-shaped), some of which had been used by Miami-Dade County Commissioners during the ceremonial ground-breaking on July 18. I got Bruno Barriero’s; Miami Herald Marlins beat writer Clark Spencer’s was Sally Heyman's…(insert joke here…)

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Luxury auto dealer Norman Braman has struck out again.The Third District Court of Appeal affirmed on Wednesday the lower court’s ruling in Braman’s suit targeting the financing for the Florida Marlins' new ballpark and other Miami projects.

That means the appeals court agreed with the Miami-Dade Circuit court, which last year ruled against Braman. Braman’s attorneys argued, among other things, the public should have been allowed to vote on the use of public tax dollars for the venue for a private baseball team.

“We’re evaluating the decision and our options,” Braman said Wednesday afternoon.

The Marlins are continuing construction of the $515 million ballpark, which began in July on 928,000 square feet at the former site of the Orange Bowl. The team declined to comment on the appeals court ruling.

Miami-Dade County and the city of Miami were also named in Braman’s suit.

“Incredible progress is being made at the site of the new Miami Marlins ballpark,” Miami-Dade County Mayor Carlos Alvarez said in a statement. “Jobs are being created and the Little Havana neighborhood is alive with new activity. Today’s ruling ensures that we will continue to move forward in a positive direction, creating opportunities for businesses, residents, and visitors.”

The ballpark is scheduled to open in 2012.

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The Florida Marlins took another giant step in their ballpark construction Friday afternoon, conducting the first “vertical concrete pour” for the first of the 12 super columns that will support the venue’s retractable roof.

The first 16 feet of the concrete was poured into the 40-foot tall rebar cage installed last week for the columns. Among those in attendance: Marlins President David Samson, General Manager Mike Hill and former manager Jack McKeon. Check out photos by the Marlins’ Robert Vigon.

Ballpark construction facts: the first elliptical-shaped column will be 8 feet by 15 feet and 130 feet tall. The columns will support the 8,300-ton roof structure, which will include three panels supported by a two-track system on the north and south sides of the ballpark. The column poured Friday is part of the north track.

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Just back from vacation. What’d I miss?

Marlins Stadium Update No. Third District Court of Appeals: Lawyers for auto dealer Norman Braman appeared at an appeal hearing last week for the case targeting financing for the Marlins ballpark that Braman lost last summer at the circuit court level. Don’t expect a ruling anytime soon. Meanwhile, work continues on the ballpark, including the first “vertical pour” for the first of 12 super columns is scheduled Friday afternoon at the former site of the Orange Bowl.

Land Shark Stadium spiced up: The stadium’s helixes, gates and security gates got the signature colorful paint styling of neo pop artist Romero Britto, who was joined by South Florida children on Sunday for a painting party.

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The Marlins are keeping a part of their history frozen in time in the foundation of the new ballpark. The team buried a metal case full of mementos from the team's inaugural season in 1993, its two World Series championships in 1997 and 2003, and this season.

The case was buried Wednesday inside a wooden support, surrounded with concrete that will serve as part of one of the 12 column supports for the roof structure of the 37,000-seat ballpark at the former site of the Orange Bowl in Little Havana. The team is referring to it as building "their foundation on two World Series Championships." (See photos courtesy of the Marlins' Robert Vigon).

It began to pour with rain as the case was being buried -- perhaps a spot of good luck for the franchise that has been seeking a new ballpark with a retractable roof for more than a decade.

Team officials weren't revealing specifically what's been included inside the case -- to leave some mystery for when the ballpark's structure is pulled down decades from now and the "capsule" is opened. MLB.com reports only these details about the case's contents: a DVD explaining what's inside and why; a newspaper from Wednesday, and items from 1993, and the 1997, 2003 and 2009 seasons.

What do you think should have been included?

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The Florida Marlins entered a significant chapter in construction of their new ballpark this morning, when the concrete was poured for the first of 12 super columns that will support the venue’s roof. (Photos courtesy of the Marlins by Robert Vigon).

The pour was the first of a total 450 foundation pours for the $515 million, 37,000-seat ballpark project. According to a release form the team, the concrete was poured over an 8-foot deep, 40 foot by 40 foot hole. About 250 cubic yards was to be poured this morning out of a total 60,000 cubic yards for the project.

“Starting the first of 12 foundation pours means that the super columns that support the retractable roof will be erected by this fall,” Claude Delorme, Marlins senior vice president of ballpark development, said in a statement.

Concrete company, Colasanti Specialty Services Inc., is leading the foundation work.

Meanwhile, the team has awarded the contract for construction of the retractable roof to Structal-Heavy Steel Construction, a business unit of Canam Group. The company has worked on dozens of North American sports venues, including BankAtlantic Center in Sunrise and AmericanAirlines Arena in Miami.

The team officially broke ground July 18 for the ballpark scheduled to open in 2012.

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Former Marlins and current Chicago Cubs broadcaster Len Kasper did the honors Sunday. Boog Sciambi and Don Sutton have done it, too. Former Marlins manager Jack McKeon was the first one to do it. It’s also been done by The Village People (see photo by the Marlins' Robert Vigon) and longtime fan Bob Ramer.

IT is the nightly unveiling of the number of regular season home games left until Opening Day of the Marlins' new ballpark, expected in 2012. There’s a Game Countdown board in left field at Land Shark Stadium. The number is pulled after the fifth inning of home games once the games become official. The number is currently 188.

The Marlins are calling on celebrities and longtime fans to help with the new in-game ritual, which started after the team held its official ceremonial ground-breaking for the $515 million ballpark at the former site of the Orange Bowl on July 18.

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There are clocks around the Marlins offices at Land Shark Stadium that count down the days until April 1, 2012. That's when the team's new ballpark is expected to open.

Saturday was a significant day. Less than 12 hours after the team finished an extra inning game against the Philadelphia Phillies that stretched into Saturday morning after a 78-minute rain delay, team executives and players, and representatives of Major League Baseball, Miami-Dade County and the city of Miami gathered on a sun-scorched spot in Little Havana where the Orange Bowl once stood. They were joined by some 5,000 fans, many decked out in Marlins gear, to celebrate the beginning of construction of the team’s looong sought ballpark.

Work at the site officially started July 1, but when something takes this long to get approved, there’s cause for celebration. In fact, with the sun beating down, the late-ish start to the program, and numerous speeches -- many in both English and Spanish -- there were moments when it felt like it might take as long to hold the ground-breaking as it did to get to this day. But by the end of the event, which started at 10 a.m. and didn’t end for another two and a half hours, Marlins owner Jeffrey Loria and President David Samson, Miami-Dade County Mayor Carlos Alvarez, Miami Mayor Manny Diaz, County Commission Chairman Dennis Moss, City Commissioner Joe Sanchez, Gov. Charlie Crist (via video), representatives of the architect (Populous – formerly HOK Sport), and the construction manager (Hunt-Moss), and MLB Commissioner Bud Selig had all waxed about the new ballpark with its roof to prevent rain delays and air conditioning for sweltering days like today.

Marlins inaugural pitcher-catcher battery Charlie Hough and Benito Santiago did first pitch honors, the organist played Take Me Out to the Ballgame, videos showed Marlins highlights, including the two World Series championships, and what the new ballpark is to look like.

The dignitaries then donned hardhats and wielded shovels with handles fashioned like baseball bats and dug the dirt at the spot in the ceremonial diamond where home plate will be. They took dozens and dozens of photographs. And then they finally allowed fans, who waited patiently as they melted in the heat, to get a turn shoveling some dirt at home plate and getting a snapshot.

Among the attendees: eight county commissioners, at least two city commissioners (ballpark opponents city commissioners Marc Sarnoff’s and Tomas Regalado’s names were announced and the crowd booed), Manager Fredi Gonzalez, President of Baseball Operations Larry Beinfest, General Manager Mike Hill, Senior VP of Stadium Development Claude Delorme, former manager Jack McKeon, Special Assistants Tony Perez and Andre Dawson, Mr. Marlin Jeff Conine, and current players including Hanley Ramirez, Ricky Nolasco, Matt Lindstrom, Dan Meyer, Brian Sanchez, Chris Coghlan. University of Miami President Donna Shalala was also in the crowd.

Loria couldn’t have seemed happier, even delighting the crowd with a message in Spanish. He spoke about the future, talking about the ballpark’s clean lines, fan comforts, including “great” food, and the roof that will finally bring certainty that games will be played and won’t be delayed.

(Is it ominous or poetic that Saturday night's game was rained out?)

But Loria also didn’t neglect the past.

He spoke of the University of Miami Hurricanes’ many years at the Orange Bowl, including winning its first of five national championships in 1983. He talked of the Dolphins' 1972 undefeated season.

“We honor both of these teams, we remember their achievements,” Loria said. “We vow the ghosts of glorious past victories will be with us, when we take the field every single night.”

Alvarez echoed Loria: “This spot in little Havana is full of memories. We have watched the Miami Dolphins complete the NFL’s only undefeated season from this land right here in the Orange Bowl. We grew up watching the Miami Hurricanes, win five national titles on this land. As far as I’m concerned this is sacred ground in athletics.

“Now it’s the Miami Marlins’ turf," he said. "I don’t know about all of you. I think I can guess, but I’m ready to see a player such as Hanley Ramirez hit a home run with downtown Miami as a backdrop.”

For some it was part campaign opportunity: Crist, who is running for U.S. Senate, gave a videotaped message. Sanchez, who is running for mayor of Miami, tried to make it look like he wasn’t campaigning. “I am very proud to have played a very small part of this great success,” Sanchez said. “And I speak from the heart, when I tell you when our leaders focus on what’s right for the next generation, and not the next election, that is what makes great cities in America.”

MLB Commissioner Bud Selig told fans that all the controversy that surrounded getting the ballpark deal will disappear once the 37,000-seat, $515 million venue opens, expected in 2012. When he was through, fans shouted “All-Star Game, All-Star Game.”

Selig said the new ballpark would be given “primary consideration,” but he wasn’t ready to commit how soon that might happen. He was also clearly overwhelmed by the heat – “Where I was this morning, it was 55 degrees,” he said.

Samson meanwhile, said the team will be working on new merchandise and branding and even uniforms for the team’s name change to Miami Marlins, when it moves into the new ballpark in 2012.

“New uniforms, we’re relocating,” Samson said. “We’re going to embrace our current fan base and welcome a new fan base, because it’s what we need to have happen.”

Samson also mentioned some of the amenities that will be included in the new ballpark, in part because of fan suggestions, including game radio broadcasts pumped into restrooms during games, a smaller secondary video board down the left field line for fans who don’t have a good view of the main centerfield scoreboard. He said fans also wanted to be able to see into the bullpens during games, so the left field swimming pool area will have views into the home bullpen and there will be a group seating area in right field with a view into the visitor’s bullpen. Yes, that means the dugouts will be switched with the Marlins’ on the third base side, rather than the first base side, as it is now at Land Shark Stadium.

Watch the video, from Populous, that was shown at the ground-breaking, showing details of the ballpark:
 

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At the same time out of work construction workers swarmed the grounds where the Orange Bowl once stood for a shot at a job on the Marlins’ $515 million ballpark, critics were gasping over the $2.4 billion it is expected to cost to pay off the construction bonds for the project.

Miami-Dade County officially released the financing costs for the bonds late this afternoon, but the Miami Herald had already published the numbers. The $2.4 billion is the cost over 40 years to pay off $409 million in bonds, most of which will go to the ballpark.

There’s been no shortage of criticism of the numbers, including by our own Mike Mayo, especially since County Manager George Burgess told commissioners last week he didn’t know the final costs, as he was asking commissioners to approve increasing the interest rate on a portion of the bonds. The financing schedule takes into account the higher than anticipated interest rate and backloads higher debt service payments to ensure the county has collected enough tourist tax dollars to cover the payments.

In his memo with the financing schedule, Burgess stressed the county is working hard to avoid dipping into the general fund, which has been pledged as a secondary funding source, should tourist tax dollars fall short.

“The bottom line is that the transaction was structured within the constrained tourist tax revenue streams in a way that will significantly minimize any exposure to the secondary pledge of the bonds,” Burgess wrote.

There’s also the possibility the bonds can be refinanced when credit markets improve.

Put simply: there’s no question the project relies on a huge sum of public dollars. County officials call them tourist tax dollars, which have a restricted use. That’s true, but they are still public dollars.

But don’t forget that when you buy a house, you pay a lot more than the asking price over the life of your mortgage. For example, if you bought a $200,000 home with 6 percent interest, you’d end up paying $431,626 over 30 years – or more than double the sale price.

The bonds for the stadium construction, which were mainly sold to institutions, are scheduled to close July 14. The team has scheduled an official ballpark ground-breaking at 10 a.m. July 18.

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Project: Marlins new ballpark
Director: Jeffrey Loria
Dir. Of Photog: David Samson
Date: July 1, 2009
Scene: 1; Take 1 (aka 7 billion)

Work finally began at the site of the new Marlins ballpark in Little Havana today. Workers began moving the dirt, grading the site where the Orange Bowl once stood. Marlins President David Samson called it essentially flattening the ground. (See photo by the Marlins' Robert Vigon below).

Workers arrived at the site at 7 a.m., just hours after Miami-Dade County Commissioners took the final votes (9-3) needed to ensure the sale of the bonds to pay for construction so the project could move forward. That almost didn’t happen. The deal was almost derailed again late Tuesday, when County Manager George Burgess told commissioners the county had fallen about $6.2 million short in its effort to sell the bonds.

Neither the county nor the city would agree to put any more money into the deal to build a $515 million, retractable roof stadium. The Marlins said they’d cover the gap, but some commissioners worried about the county’s liability, changing the deal again and why, if the team was willing to give more in the final hour, the county hadn’t extracted more from the team in the deal.

Team and county officials worked into Wednesday morning to craft changes to the deal that would incorporate the team’s agreement to cover the gap and allow the county to sell some of the bonds at a higher interest rate than anticipated. The commission voted at 1:10 a.m. The changes are to go to the city of Miami or approval, but the county ensured the project could still go forward, even if the city rejects them.

"If last night had not worked out and there had been a termination, that would have been the end of baseball in South Florida,” Samson said. “What we decided as a team was that it was enough. It was time to start.”

Unless the bond sales do not close – something Samson doesn’t anticipate – the project is to move forward with an official, ceremonial ground-breaking scheduled on July 18. Samson said “There are no hurdles.”

Burgess said the bonds were sold Wednesday afternoon with a closing date later this month.

The Marlins have been trying for years to secure financing to build a new ballpark with a roof so they can protect fans from heat and rain and control their own revenue. At Land Shark Stadium, the team pays rent and receives only percentages of revenue from concessions, parking and advertising signage.

Burgess said he was feeling “very good” about the state of the project.

“Projects like this that are this large and complex, I don’t know that I’ve ever encountered one of these kinds of game changers that can have an impact and found it to be easy,” Burgess said. “The North Terminal [of the airport] has not been easy, but it has an enormously significant effect. In the long run it helps define a community … We’re going to look back and this [ballpark] is going to be a wonderful addition to this community.”

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Miami-Dade County fell short by $6.2 million in its effort to sell bonds for a new Marlins ballpark Tuesday, but site preparation work is expected to begin Wednesday morning at the former location of the Orange Bowl.

Although the shortfall in the bond sale threw the ballpark deal into disarray for several hours Tuesday night and into early Wednesday, the deal appeared to be back on track, after the Marlins agreed to fill the gap should the dollars be needed to complete the 37,000-seat retractable roof ballpark.

The commission debated from about 7 to 9 p.m. and then what was meant to be a 45-minute break stretched on for three and a half hours. The commission finally returned at 12:30 a.m. Wednesday and voted 9-3 for changes that will allow the deal to move forward. Commissioners approved three items, including agreeing to a higher interest rate on the some of the bonds and adjusting the county's commitment to the project to $341 million down from $347 million.

Earlier in the evening, County Manager George Burgess told commissioners the county had planned to sell $306 million in bonds, but fell short by about $6.2 million and a portion of the bonds were set at a higher interest rate than the county had expected. That means the county’s commitment to payments will remain the same, but the gap needed filling. Neither the county, nor city were willing to step up, Burgess said.

“At end of the day, we’re extraordinarily close,” Burgess told commissioners. “We’ve had conversations with the team. My ask of them was, ‘If we’re short, are you prepared to be able to cover the difference’?”

Marlins President David Samson insisted the team would -- and the public would not be asked to put more into the deal.

“We made a commitment in March," Samson said. "That commitment was there would be a certain amount of money the public would be committing and not one dollar more.”

Worried construction workers would not be able to begin working, Samson said the team would cover any additional costs.

“If this building costs $515 million, the team will put in what’s required,” Samson said. “If it costs $512 million that is what the team will do.”

You can see equipment on the site via the team’s ballpark webcam. A formal ground-breaking is scheduled on July 18.

Not to get too technical here, but while the bonds backed by the professional sports franchise facilities tax portion of the hotel tax were sold at a lower interest rate than anticipated, those backed by the Convention Development portion of the hotel tax were set at a higher rate. The “blended rate” of the two taxes fell within the county’s 7.5 percent cap, but the commission needed to sign off on the higher cap of 8.2 percent for the CDT-backed bonds.

Some commissioners worried about encumbering more taxpayer dollars, tapping into the county’s general fund if hotel dollars fall short during the life of the deal, and continuing to adjust a deal that has dogged them for years, but may finally result in a ground-breaking in a few weeks.

Commissioner Sally Heyman wanted Samson to agree to cover the $6 million shortfall rather than agreeing to cover any additional costs. Commissioner Katy Sorenson worried the county didn’t bargain hard enough while the deal was being negotiated.

“We can see clearly the Marlins have more to give and clearly have had more to give all along and it’s an example of why we can see this isn’t such a great deal for our constituents,” Sorenson said.

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It’s been a busy week of technical, banking and court issues related to the Marlins ballpark plan, but as of this afternoon, the ballpark project appears to be back on track.

At least in the eyes of Miami-Dade County officials, who made progress on two fronts today:

County commissioners signed off on some technical changes to the ballpark plan, including delaying the termination date for the ballpark deal until July 15, instead of July 1, with the expectation the bond sale will close by July 17. (Miami City Commissioners took similar action Thursday). And Miami-Dade Circuit Judge Lawrence Schwartz issued an opinion Friday afternoon, denying an injunction to prevent the sale of the bonds.

Miami activists Graciela Solares and Elvis Cruz filed the motion for the injunction against the county and city of Miami on Monday, to stop the planned sale of the bonds, which was scheduled for Wednesday and Thursday of this week. In February, Solares and Cruz filed suit aiming to halt the $515 million ballpark plan because they said it was negotiated behind closed doors in violation of the state’s public records laws.

As a result of Monday’s filing, Miami-Dade County officials chose to delay selling the bonds until June 29 and 30. The decision was made as a precaution, not because county officials believe the suit has merit. In fact, County Manager George Burgess called the suit “extremely frivolous” during a meeting of county commissioners Friday morning.

Solares and Cruz quickly filed notice they are appealing Schwartz’s decision.

But as of now, county officials intend to proceed with the bond sale and the Marlins are expecting work to begin at the former site of the Orange Bowl on July 1, with a ceremonial ground breaking for the 37,000-seat retractable roof ballpark scheduled on July 18.

Despite the roadblocks and technical changes, county officials say they are committed to the project.

“Our confidence in the project and its underlying funding plan has not changed,” Burgess wrote in a memo to commissioners in advance of Friday morning’s meeting.

The team, city and county set a termination date for the ballpark deal so that any side could pull out of the deal before bonds had been sold. County officials say they should know as of June 30 whether the bonds can be sold, with a closing expected by July 17.

“If we terminate, there will not be a ground breaking on the 18th," Burgess told commissioners Friday. “If we close between the 14th and 17th, then we have the ground breaking.”

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UPDATED
The Marlins have scheduled their ceremonial ground-breaking for Saturday, July 18 and the public’s invited.

That’s assuming, of course, that financing for the new ballpark can be secured, but officials are optimistic given the ratings the bonds received so far from the rating agencies last month.

Miami-Dade County officials were to begin selling the bonds Tuesday and Wednesday, but those dates have since been moved to June 17 and 18. Marlins President David Samson says the delay isn't cause for alarm.

"The ratings were positive," Samson said. "We’re confident there will be individual and institutional buyers for these bonds."

Assuming the bonds are sold, grading and site preparation are to begin July 1 at the former site of the Orange Bowl. Then the ceremonial ground-breaking will be held on July 18, complete with team, county, city and Major League Baseball officials, and, of course, those fancy shovels. Fans are invited, too.

"It’s going to be, and we try not to over use the word, but a historic day," Samson said Monday afternoon before the Marlins-San Francisco Giants game at Land Shark Stadium, where rain was threatening once again. "It’s a day we’ve all been working toward, seven years personally, and our organization for over 10 years."

Samson said team officials along with representatives of their architect and construction manager have been putting in long hours -- as much as 18 a day -- to prepare for the ballpark. He said on Monday, for example, the ballpark team worked on finalizing seat counts, including ensuring that no sections have rows with only one seat: "We don’t know of many people who would buy a season ticket of one," he said.

The team examined entrances and exits and the time it takes to get from section openings, known as vomitories, to seats, and the sightlines for fans when people are walking to and from vomitories. Then there is permitting for the 70 or so bid packages for construction; and for the 16 trailers that will be on-site during construction. The trailers have to be placed carefully to allow for the movement of trucks and cranes at the location, Samson said.

There was also a discussion, Samson said, of the actual ground-breaking event -- how to get power to the site and what kind of shovels to order. And yes, Samson said he feels enormous pressure.

"We cannot have a delay," Samson said. "We will not go over budget."

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Miami-Dade County officials plan early next month to begin the sale of bonds backed by tourist tax dollars to pay for construction of the Marlins' new ballpark, after getting results from bond rating agencies.

According to a memo County Manager George Burgess sent county commissioners today, county officials got word late last week that the agencies -- Standard & Poor’s, Moody’s and Fitch Ratings –- “reaffirm the relative quality of investing in Miami-Dade County and the strength of its credit.” A news release issued by the county late today, said the agencies had “given the County solid marks, determining that our tourism sector is sound in the long run and bonds backed by tourist dollars are good investments.”

County officials had visited the agencies in late April, to make their case that tourist taxes are a strong source to repay the bonds needed to pay for the $515 million ballpark. The county’s case came in the midst of the recession, which has seen local hotel bed tax dollars plummet. County officials and ballpark supporters argue hotel taxes fluctuate and won’t always be in decline during the 40-year life of the ballpark agreement.

The agencies, Burgess’ memo says, are expected to announce their findings in their own press releases. The county’s own up-beat press release acknowledges that not all of the ratings have been determined.

I’m the first to admit this is not my area of expertise, but here’s part of what the statement says:

Standard and Poor’s assigned an “A+” to the Professional Sports Franchise Tax (PST) credit, affirmed the Convention Development Tax (CDT) credit an “A” and affirmed the County’s general obligation rating at “AA-”. Moody’s assigned an “A2” to the PST credit. A rating for the CDT financing is expected soon. Fitch Rating’s assigned an “A” with a stable outlook to both the PST credit and CDT credit. In addition, Fitch Rating’s reaffirmed the general obligation as well as the public service tax bond rating an “AA-”.

Both Burgess and County Mayor Carlos Alvarez complimented the county’s ratings results.

“We are pleased with the outcome,” Alvarez said in a statement. “The ratings are solid and demonstrate the County’s financial strength. An investment in Miami-Dade County is a quality investment.”

“The favorable ratings reinforce our commitment to acting responsibly and conservatively every step of the way as we push forward with a Marlins stadium paid for by tourist tax dollars,” Burgess said.

More later…

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Earlier this month, the Marlins installed flag poles on the dirt where the Orange Bowl used to stand to signify the location of the baseball diamond in the team’s new ballpark.

Three flags representing the Marlins, Miami-Dade County and city of Miami, are at home plate. First base features a flag for architect Populous (formerly HOK Sport); second base has the U.S. flag; and third base has a flag for Hunt/Moss – the joint venture construction manager for the ballpark.

Now, you cannot only get a glimpse of the flags, but you can watch the dirt at the location. Literally. The team has installed a webcam that will provide updated images from the site every 15 minutes. You can access the camera at the team's Web site. One has to hope this will become more exciting once ground is actually broken – expected sometime in July.

“This exciting, state-of-the-art technology allows us to share the historic construction of our new home with Marlins fans everywhere,” Marlins Senior Vice President of Ballpark Development Claude Delorme said in a statement. “Everyone can now follow the increased activity on the site as groundbreaking quickly approaches.”

For now, you can zoom in to see where the flags are placed and see the downtown Miami skyline, which is to be the view beyond the outfield in the $515 million, 37,000-seat, retractable-roof venue. You can even check out photos from the previous days by hour, but other than getting lighter or darker, there isn’t much that could be called activity yet. Update: no, it's not downtown - it's Coral Gables.

The ballpark is to have a southeast orientation, according to a release from the team, and be situated on land bordered by Northwest 6th Street on the north, Northwest 4th Street on the south, Northwest 16th Avenue to the west, and Northwest 14th Avenue to the east.

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After getting an abbreviated overview of the architectural and transportation plans and with little discussion, Miami City Commissioners unanimously approved this afternoon the permit needed to begin construction of the Marlins’ ballpark in Little Havana. That’s right... a 5-0 vote for the Major Use Special Permit for the $515 million venue.

Earl Santee of Populous (formerly HOK Sport), Rolando Llanes of Civica and transportation consultant Cathy Sweetapple gave commissioners a sense of how the proposed ballpark will fit into the community, that it will be surrounded by parking, retail and as many as 96 residential units, and what kind of traffic it will bring. Santee spoke of how the ballpark will serve as a centerpiece for the Little Havana community and how it will connect the neighborhood. Its open views will allow people in the area to see into the venue at all times and the west plaza will serve as a public gathering place all year long.

“These projects are special and here in this city, this is a unique opportunity to create another special place,” Santee said. “The plan is to connect the neighborhood to a ballpark.”

Commission Chairman Joe Sanchez spoke most dramatically of wanting to ensure the ballpark includes some way to honor the history of its location at the Orange Bowl, where the Dolphins and Miami Hurricanes played and where President John F. Kennedy addressed Cuban refugees after the failed Bay of Pigs invasion in 1962.

“There needs to be a history component,” Sanchez said. “Every great stadium whether it’s for football, baseball or hockey has a historic element.”

Sanchez also stressed his interest in ensuring the ballpark stands as an icon that will be seen from nearby roadways.

“This will be one of the best stadiums designed in this great nation of ours,” said Sanchez, who is running for the mayor of Miami. “This is it … After this, it’s the construction.”

No word yet on when the team plans to host a formal unveiling of ballpark renderings, but it’s expected sometime next month. Ballpark construction is expected to begin in July with a planned opening in 2012.

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OK, these aren't new -- they're just some of the renderings that have been included in a presentation made to the Miami Planning Advisory Board earlier this month. The board voted April 1 to recommend a Major Use Special Permit for the ballpark. That's the permit that's needed to begin construction.

The Miami City Commission is to consider the permit at its meeting on April 23.

Here's a selection of photos from the presentation by Populous (formerly HOK Sport). The first one at the top shows what the view of downtown Miami should be from inside the $515 million venue planned at the former site of the Orange Bowl.

Get a sense of the vast west plaza with its reflecting pool and plenty of room for community gatherings. See how when the roof is open it will park over the western plaza to provide shade.

The surrounding parking garages will have retail on the ground floor.

The two at the bottom this entry show how the roof will look open and closed.

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Miami-Dade County Commissioners approved issuing as much as $563 million in bonds Tuesday to cover the cost of construction of the Marlins’ $515 million ballpark in Little Havana, but not before opponents got another chance to question the financing plan.

Commissioners voted 8-4 with Katy Sorenson, Carlos Gimenez, Sally Heyman and Joe Martinez voting no, just as they did for the ballpark financing plan on March 23. Opponents raised concerns about everything from the size of the bond issues being larger than authorized in the financing plan to having to tap the county’s general fund, if hotel bed taxes are not enough to cover the bond payments.

The team, city or county can still back out of the ballpark agreement by July 1.

Heyman worried about the county’s $4 million exposure if the deal is terminated by June 1 or $7 million if it’s done by July 1. She also wondered how much more the county will have to pay if its bond rating leads to a higher interest rate on the bonds.

“If the rate changes a half a percent, what is that going to cost us on a half a billion dollar series?” Heyman asked. “And then one percent?”

The commission was told the interest rates would be capped at 7.5 percent for non-taxable bonds backed by hotel bed taxes and 6.5 percent for the $50 million general obligation bond. They were also told an extra .01 percent could cost as much as $25 million more.

Martinez and Gimenez raised concerns again about the county using its general fund revenue as a secondary pledge to repay the bonds.

“If you don’t have it, you may have to go to your secondary pledge,” Martinez said. “I’m not opposed to the construction of it, I’m not sure anyone here wants to lose the Marlins, especially if yesterday’s game is an indication of a really good season.”

The Marlins beat the Washington Nationals 12-6 in their home opener at Dolphin Stadium Monday.

What concerns Martinez is the method of financing. “The economy is not what it was. Tourism has slid down quite a bit, the possibility exists,” he said.

County Manager George Burgess, who plans to go to credit agencies this month, said he believes the financing plan is responsible, but the county won’t know what kind of bond rating it will receive until it goes to the market.

“This is not an easy decision and nobody can guarantee anything,” he said.

Gimenez said, “It’s a risk I’m not willing to take. I don’t think it’s prudent for us to proceed with such a volatile funding source.”

Burgess said the team, city and county built in the July 1 termination date as a precaution. He said it was set then in order to ensure enough time for construction of the ballpark, scheduled to open in 2012.

“It allowed us the opportunity to see how the market responds, which is the essential,” Burgess said. “We won’t know until we go to market, and it gives us the opportunity to see more on bed tax performance ... We felt having that safety valve was wise.”

> Discuss this entry

There are 243 home games until the Marlins’ new ballpark is scheduled to open in Little Havana in 2012. So at Monday’s home opener against the Washington Nationals at Dolphin Stadium, the team launched a new scoreboard feature: fun facts about the ballpark.

According to Marlins President David Samson there will be 243 of them – one unveiled at each home game during the next three seasons.

The first one?: The “ballpark retractable roof consists of 8,300 tons of steel, which is the exact weight of the Eiffel Tower!”

The ballpark is already part of the fabric at Dolphin Stadium. The team showed a video on the scoreboard with renderings by architecture firm Populous, the new name for architecture firm HOK Sport.

And the left field wall, which for the past five and half seasons has been covered by a giant Miccosukee Tribe of Indians of Florida advertisement, is now back in Marlins’ hands. The tribe didn’t renew and now the team is using the wall to advertise its Super Saturday concerts; inaugural season in 1993; two World Series championships in 1997 and 2003; and projected 2012 ballpark opening. But Samson’s favorite part is the ballpark rendering and the words “Priority Seating for the New Marlins Ballpark @ Marlins.com."

“I’ve been waiting for six years to get the ballpark seating priority,” Samson said. “It’s been my dream, from the beginning. Reflecting the history was always something we’ve tried to do, this is the year we were able to do it.”

Samson said if the team received “an offer we can’t refuse,” he could see giving over advertising space, but he said the new ballpark seating reference is more valuable.

“The benefits we can derive, by having people buy tickets, priority in the new ballpark, is far greater than what we can get for an outfield wall,” he said.

Samson said the team has already created some 60 committees to consider all aspects of the new venue from naming rights to ticket prices to concession equipment storage areas to marketing.

For the first time since buying the team in 2002, Marlins owner Jeffrey Loria faced an Opening Day without questions about getting ballpark financing. Loria said he’s thrilled at thinking of ways to program the new ballpark.

“It’ll be a destination. It’s going to be a beautiful piece of contemporary architecture, and there will be a lot of special things there for fans,” Loria said. “It will be a place where you know the game will be played, you won’t have any inconveniences. There will be air conditioning, so in more ways than one we’re looking at a ballpark that’s the coolest place in town.”

In the meantime, Loria hopes to keep his team competitive and to attract more fans to Dolphin Stadium.

“It may not be the ideal place, but it’s where we are,” he said. “We’re going to deal with it over the next three seasons, but at least we know the rainbow is in front of us. More than a light at the end of the tunnel, we have the rainbow, which I’m excited about. To me, to be able to watch this ballpark grow is what drives me.”

He said he wants to send a message to fans that with ballpark financing approved and ground breaking planned for this summer, the team will be in South Florida for generations.

“It’s OK for them to fall in love with your team, it’s going to be here,” he said before his Marlins opened the season with a 12-6 win over the Washington Nationals. “It’s time to make a commitment and fall in love permanently, we have a terrific baseball team.”

> Discuss this entry

So, with financing approved, the Marlins ballpark project has now moved to the next stage – permitting, issuing bonds, examining and tweaking blueprints. On Wednesday, Miami’s Planning Advisory Board considered the ballpark plans for a Major Use Special Permit. That’s the permit that’s needed to get the ballpark constructed.

Since the $515 million ballpark and $94 million in parking spaces are planned for the former site of the Orange Bowl, the process is simpler than if it were planned for a site that had never housed a stadium.

Planning Advisory Board members heard from representatives of stadium architect HOK Sport (the company was renamed Populous this week, but apparently the change hasn’t yet occurred in Florida), and a transportation planner. They got an overview of how the ballpark is meant to fit into the surrounding Little Havana community, some of its unique features and key details about getting to and parking at the ballpark.

The architects said they view the ballpark as a “piece of art,” or “a sculpture” in an urban neighborhood. The ballpark will be “facing toward the city of Miami skyline to really place the building in the city of Miami,” said Greg Sherlock, HOK Sport principal. The way it’s designed, the outfield frames downtown Miami.

The roof is created in three panels that stack over the grand west plaza, a vast area with a reflecting pool that will become the focal point, not only for entry to the stadium, but also for pre- and post-game activities, and community events and gatherings.

“It’s a Kodak moment, where people want to enter the building,” Sherlock said.

Four mixed use garages with retail on the first floor are to flank the ballpark -- two on the north and two on the south. They are to feature wide – 15- to 21-foot – sidewalks alongside them. The idea is to make the ballpark pedestrian-friendly and a good fit within the neighborhood. Three surface lots each are planned on the east and west sides of the ballpark. There are also plans for residential units and a mix of landscaping with palms and shade trees.

Two Metrorail stations are within a mile of the stadium. Officials are exploring using water taxis on the Miami River as a method of reaching the ballpark.

Planning Advisory Board members raised minor concerns about ensuring enough recreational space for the public and about the type of landscaping. Board member Paul Mann questioned the financing of the deal, worrying that it puts the city’s general fund at risk.

“It makes me very uncomfortable that the negotiators on the city side did not protect the general fund,” Mann said. “We can build the stadium and hope everything works fine, but ultimately it’s the city of Miami’s general fund at stake here.”

But Mann and other board members were reminded their role was to consider the details of the ballpark’s blueprint, not the financing, which had already been debated by the city commission.

The board voted 6-1, with Mann dissenting, to recommend the permit for the ballpark’s construction.

Miami City Commissioners are to consider the permit later this month. Miami-Dad County Commissioners are to consider the documents to issue more than $300 million in bonds for ballpark construction at their meeting on Tuesday.

> Discuss this entry

So, with Miami and Miami-Dade County approvals now in hand, the Marlins finally believe they’ll be able to break ground for their new ballpark perhaps as soon as July. That is if the bonds can get sold and barring any other legal or governmental obstacle.

If the ballpark does get built at the former site of the Orange Bowl in Little Havana, will you go? I’ve heard from numerous Marlins fans in Broward and Palm Beach counties that they’ll still follow the team, but they won’t travel to Little Havana. Not at all? Never?

My colleague Mike Mayo wrote a column today, expressing the sentiments of many these days: he’ll wave from his couch. This isn’t just how people are feeling about baseball, but about sports in general. I’ve written about people finding the increase in ticket prices combined with the drop in prices for HD and big screen TVs makes staying at home a more inviting option. Add in the recession and layoffs and it’s no wonder teams are freezing and reducing ticket prices and offering special promotions to get fans in the door.

Have you stopped going to sporting events? Do you miss them?

Also, I'm taking suggestions for update numbers, if you want to weigh in. It was suggested after last night's county commission vote that I start again at 1, since the project has now been approved. Today's figure is the combined proposed cost of the $515 million stadium, $94 million in parking lots and $24 million in street and sewer work. (The figures don't always have a meaning, in case you were wondering). Let me know what you think.

> Discuss this entry

Ballpark supporters were all smiles after Miami-Dade County Commissioners voted 9-4 late last night to finance a $515 million ballpark and $94 million in parking lots at the former site of the Orange Bowl.

It wasn’t easy getting there – it took more than nine hours of debate among commissioners and testimony from nearly 80 members of the public. That on top of the numerous years, countless stadium plans and dozens of commission votes.

But the approval, which wasn’t assured even as recently as last week, was all but sewn up Monday, when County Commission Chairman Dennis made it clear he wouldn’t allow any alterations to the deal other than those deemed “friendly” by stadium supporter Commissioner Bruno Barreiro. Supporters clearly didn’t want any changes made that would sink the deal or require it go back for another vote to the Miami City Commission, which approved the plan in a 3-2 vote last week.

With Commissioner Javier Souto on the yes side of the ledger, supporters knew they had the deal approved. That didn’t stop opponents from proposing a number of amendments – many of which Barreiro didn’t even hesitate to reject – aimed at improving the deal for the public.

Moss had outlined the guidelines for the meeting, which also required everyone to ask questions and give answers through him, since he serves as commission chairman, leading to some giddy moments, when commissioners forgot or emphasized the words “through the chair…” before asking a question.

But even long-time stadium supporter Commissioner Jose “Pepe” Diaz acknowledged the county didn’t get everything it needed or wanted in the deal.

“It is not a perfect deal,” Diaz said. “I see more positives than I see negatives with this deal. I will tell you straight out that it will create jobs.”

Commissioner Joe Martinez tried to put a stop to all the talk of the ballpark making Miami a “world class city.” He said it doesn’t make the city world class, it just gives residents more entertainment options.

Long-time stadium critic Katy Sorenson, who opposes public financing for a private enterprise, even offered a tongue in cheek “friendly amendment” suggesting the ballpark be named for Barreiro. Sorenson outlined a number of areas where she thought the public was being taken, including that it loses out on property tax dollars from the stadium land and with the Marlins receiving all the naming rights revenues in a new stadium, that means the team isn’t really contributing to cost of the stadium.

“Not withstanding that my great grandparents got engaged at a Cubs game in the late 1880s,” Sorenson said, “people know where I stand on this issue. I don’t think public money should be used for a private for-profit corporation.”

She added, “When you’re fundamentally opposed to something, it’s hard to propose amendments. It’s kind of like putting lipstick on … a fish.”

> Discuss this entry

Miami-Dade County Commission Chairman Dennis Moss has just closed the public hearing portion of the meeting.

Nearly 80 people weighed in both for and against the stadium. Just as they did at the city, members of the public framed the discussion as one of creating much-needed jobs and keeping baseball in South Florida versus spending tax dollars on a private enterprise, particularly with no guarantee there will be enough bed tax to cover the project.

The public has jammed the commission chambers and another 60 or so spectators couldn’t even fit inside and instead were moved to the county hall lobby to watch the video feed.

Debate got feisty about halfway through the public hearing, when Reginald Munnings, representing a number of community organizations, reminded commissioners the now-demolished Miami Arena was supposed to bring jobs.

“There’s nothing wrong with saving until you can find a better way to spend it,” he said. “Financial resources should not be used to bail out a private enterprise.”

Munnings walked away with representatives of the Miami Workers Center and others who began shouting “Real jobs now,” and “Shut the stadium down.”

Moss told the group to settle down and ordered the group escorted out of the commission chambers not to return.

> Discuss this entry

I’m not the only one who thinks we could be at the Miami-Dade County government center for three days, given how many people are here to speak about the Marlins ballpark issue. Even County Commission Chairman Dennis Moss as he explained the guidelines for the afternoon’s meeting, said somewhat warily: “Hopefully, at some point today we’ll be able to adjourn.”

A group of at least 50 people representing union carpenters crowded outside county hall. They held up signs reading: “We are here, we are ready, we’ll work,” “Unemployed voter,” “Go Marlins, Vote Yes,” and ones in Spanish that read “Stadium equals Jobs,” and “Build the Stadium.” The group cheered loudly, singing and raising their fists in the air.

Meanwhile, members of Coalition Against Marlins Bailout, lined up in the lobby of the government center, waiting to enter the commission chambers. They are wearing shirts representing their workers and community organizations and little signs reading “No Marlins Bailout.” The coalition is concerned about the type of jobs the deal will provide and that the deal is unfair to citizens.

“Unfortunately, we’re not going to be allowed to vote on this deal,” said Michael Burnstine, coalition co-founder.

So, far 18 people have spoken with support running two to one in favor of the stadium, but there are many more people scheduled to speak.

> Discuss this entry

What’s meant to be the FINAL ballpark vote looms this afternoon at the Miami-Dade County Commission. It’s sounding as if there may be the nine votes needed to pass the plan for a $515 million ballpark and $94 million in parking lots.

With the Miami City Commission’s 3-2 approval Thursday, the plan is expected to get a thorough debate at the Stephen P. Clarke Center at 1 p.m. The five ballpark agreements and accompanying elements, which include waiving competitive bidding requirements to allow stadium construction manager Hunt-Moss to also oversee the adjacent street and sewer work, will be presented to commissioners as one resolution that needs approval of nine of 13 commissioners.

It’s possible the agreements and the bid waivers could be considered individually, if commissioners want to separate them. If that occurs, here’s how the breakdown on what votes would be needed for passage:

The parking, assurance and non-relocation agreements each need a simple majority – or a total of seven votes if all 13 members are present. The construction administration agreement, which spells out the financing, has three elements that need a larger vote. The bid waiver for the infrastructure work needs nine votes and the ones that allow the Marlins Stadium Developer LLC to act as stadium developer and provide a sales tax exemption on construction materials each need a two-thirds vote of the members present. Finally, the waiver allowing Marlins Stadium Operator LLC to be the ballpark’s operator, which is included in the operating agreement, also requires a two-thirds vote of the members present.

Yes, I know, we’re in the weeds here, but that’s partly what these updates are for – so you can keep score.

Which reminds me, here’s some more clarification on the amendments the Marlins agreed to before the city vote:

+ Increased the percentage of profits Miami and Miami-Dade County would share, should the team be sold within 10 years of the ballpark agreement being forged to 70 percent in the first year; 60 percent in the second; 50 percent in the third; 30 percent in the fourth; 10 percent in the fifth; 7.5 percent in the sixth; and then 5 percent in each of the remaining four years.

+ Agreed to contribute $500,000 annually to charities that include youth and community programs, with $100,000 going to the Parks Foundation of Miami-Dade County and $25,000 to the City Heart of Our Parks Fund annually during the first seven and a half years of the deal.

+ Agreed to build or improve 39 baseball fields in the county, including two in each city commissioner’s district.

+ Amended the termination clause to allow any party to end the deal by July 1 or before the county completes the bond sale for the stadium, whichever is earlier.

Expect a long afternoon. County commissioners haven't given the stadium a thorough vetting for a year. Commissioners Carlos Gimenez and Sally Heyman have lots of concerns and are likely to vote no. Commissioner Joe Martinez also has questions. Expect to hear the stadium plan mortgages the county’s future, and relies on bed taxes the county isn’t sure will be generated and on general fund revenue as secondary pledge for bond repayment if the bed tax money runs short. Commissioners are also likely to express concern the plan gives too much to a private business and not enough back to the public.

City Commissioner Marc Sarnoff, who voted against the financing plan Thursday, said county commissioners should think carefully before they vote.

“I’m hoping the county commissioners take a sobering look at what the true income stream of the bed taxes are right now, it’s 22 percent down,” Sarnoff said.

After the city vote, Marlins officials likened their situation to winning Game 6 and awaiting Monday’s Game 7. Marlins owner Jeffrey Loria sounded hopeful.

“It’s a very important thing to happen, and as we look back years from now we’ll realize how good this decision was today,” he said.

> Discuss this entry

After hearing from more than 70 stadium supporters and opponents and debating the project thoroughly, Miami City Commissioners voted 3-2 to finance a new ballpark for the Marlins.

The vote came a month after commissioners deadlocked 2-2 on the project when Commissioner Michelle Spence-Jones was on maternity leave. Spence-Jones provided the deciding third vote, joining stadium supporters Commission Chairman Joe Sanchez and Commissioner Angel Gonzalez.

Before voting on the plan, Spence-Jones spent considerable time going over everything from the percentage of stadium construction jobs promised to Miami-Dade County residents and concerns that Overtown get its promised aid for development and improvements.

Commissioner Marc Sarnoff worried about the current 22 percent decline in bed tax dollars collections and cost overruns.

Miami Commissioner Tomas Regalado voted against the deal because he said the city was not benefiting from it.

“We should do a stadium. We should have the team play in Miami, but we should get something for the city of Miami, we don’t have enough,” Regalado said. “We have done everything, we have given away everything and been given nothing in return.”

In the month since the project stalled, the Marlins agreed to changes, including providing higher percentages of the profits, should the team be sold within 10 years. Instead of 18 percent in the first year, the team agreed to 70 percent, followed by 60 percent in the second year on down to 5 percent. The team has also agreed to contribute $500,000 a year for youth and community baseball programs and to build or improve 39 baseball fields in the county.

The deal was also changed so that it scan still be terminated either by July 1 or by the time the county completes the bond sale for the stadium, whichever is earlier.

The deal, which relies on $310 million from hotel bed tax dollars and a $50 million general obligation bond, now moves to the Miami-Dade County Commission, which is scheduled to consider it at its 1 p.m. meeting on Monday.

The city vote came in a packed commission chambers, where speakers kept lining up to be heard. Residents alternately spoke of their desire to see the stadium built so it creates needed construction jobs, and to see the project stopped because it’s a waste of tax dollars that could be spent on other tourism projects and will create only temporary jobs.

“I’m unemployed, been unemployed for the last six months. I’m living off my credit cards,” said Greg Mikenas, a carpenter from Lake Worth. “I’m not here to ask for a bailout, I’m here to ask for a job.”

Michael Burnstine, co-founder of the Coalition Against Marlins Bailout, said he enjoys going to Marlin
s games, but the ballpark agreement favors the Marlins at the expense of taxpayers.

“It’s an egregious onerous business deal,” Burnstine said.

> Discuss this entry

The number of speakers has now reached 70 with a few more to go. The sentiment is on both sides of the stadium deal, although if we’re keeping score, it looks like there might be slightly more supporters, but it’s not an overwhelming majority.

Supporters are mainly speaking in support of the jobs they expect the stadium’s construction to create. They include union officials, out-of-work carpenters, and business leaders. There have been fans of the team expressing their support for the extra benefits the team brings to the community, such as its support of community programs.

One union worker quoted Shakespeare, saying “Shakespeare said the world is a comedy to those who feel but a tragedy to those who think.” He asked the commission “to feel” and vote for the stadium.

Barry Johnson of the Greater Miami Chamber of Commerce followed in support of the ballpark, saying he couldn’t quote Shakespeare, but slightly butchered Mick Jagger with “Sometimes you can’t get what you want, sometimes you get what you need.”

Opponents are adamant the deal is a waste of taxpayer dollars, even though they know the hotel bed tax dollars planned for the stadium can only be used for tourism-related projects. They believe there are better projects that can be funded with the money – convention center improvements, for example. They say the jobs will be only temporary, and not the kind the community needs. They worry about there being enough hotel bed tax and tying up the dollars for generations.

“Stop this foul deal,” said Denise Perry, director of the Power U Center for Social Change in Miami. “This deal is not good for our community. This group of votes does not represent my community,” she said pointing at Marlins brass, including team owner Jeffrey Loria.

> Discuss this entry

Miami City Hall Is packed. Every seat is full and the crowd has spilled out of the commission chambers and almost outside the building.

The meeting has just now begun at 9:50 a.m. Miami City Manager Pete Hernandez is outlining the alterations that have been made to the $515 million ballpark deal and the agreement for $94 million in parking lots.

Among the changes: the Marlins agreed to provide higher percentages of the profits, should the team be sold within 10 years. Instead of 18 percent in the first year, the team agreed to 70 percent, followed by 60 percent in the second year on down to 5 percent.

The team has also agreed to contribute $500,000 a year for youth and community baseball programs and to build or improve 39 baseball fields in the county.

The deal was also changed so that it can still be terminated either by July 1 or by the time the county completes the bond sale for the stadium, whichever is earlier. The understanding is the deal would only be killed if something drastic happens, such as the county is unable to sell bonds for the project.

The deal also aims to ensure construction jobs for Miami-Dade County and city of Miami residents. The agreement says efforts will be made to try to include 50 percent of workers on the stadium be county residents, and 20 percent of those be from Miami.

The public hearing portion of the meeting is about to begin.

> Discuss this entry

A month after the Miami City Commission deadlocked on the Marlins ballpark deal, the scene outside Miami City Hall is much livelier. Supporters and opponents are surrounding the parking lot holding up opposing signs and trying to drown each other out.

A group of roughly 25 activists and community members representing a variety of organizations, calling themselves the Coalition Against Marlins Bailout, held up signs across from city hall reading “No Marlins Bailout,” “This Deal Stinks,” and “Pork in the hot dogs, OK. Pork to the Marlins, No.”

“Unfortunately the taxpayers are on the wrong side of this deal,” said Michael Burnstine, co-founder of the coalition.

The group also includes art collector and businessman Martin Margulies.

“It’s going to put the taxpayers in hock for the next 40 years,” Margulies said.

“Real Jobs, Strong Miami,” the group yelled.

Across the parking lot next to city hall a group of about 50 union carpenters held up a large Marlins sign and shouted that they want jobs now. The group is wearing stickers from Jobs with Justice saying “Public Good from Public Money.”

“We’re just looking for jobs,” said Greg Mikenas of Lake Worth. “Right now we’d be happy with any kind of jobs. I have a newborn, I need work.”

Inside, people crammed into the small commission chambers. The Marlins have been making adjustments to their deal for a $515 million ballpark and $94 million in parking lots to sweeten it for passage. Among the changes the team has agreed to is increasing the percentage of profit the city and county would receive if the team is sold within 10 years. Instead of 18 percent in the first year, the team would provide 70 percent; followed by 60 percent in the second year; 50 percent in the third year and successively less down to 5 percent.

Marlins owner Jeffrey Loria has said he does not plan to sell the team.

It’s almost 9:30 a.m. and the meeting has yet to start.

> Discuss this entry

The historic compact the Marlins struck with the NAACP and Miami-Dade Chamber of Commerce on Friday to ensure 15 percent of stadium construction and operation contracts go to black-owned businesses was rescinded Tuesday.

The team, NAACP and chamber made the decision to kill the compact after Miami-Dade County attorneys warned the agreement could be unconstitutional and subject the county to lawsuits. Representatives of all three organizations said they were disappointed in the county’s interpretation. However, they did not want to interfere with passage of the ballpark plan.

“We carefully constructed this Compact so as not to violate any existing law,” Bishop Victor T. Curry, President, Miami-Dade County Chapter of the NAACP, said in a statement. “Any time one of our corporate citizens attempts to provide opportunities for all races in this County, I believe the County Attorney's Office should embrace the concept and not obstruct it. We had several attorneys research this issue, and they reached a different conclusion … I look forward to working with the Marlins without political interference to ensure that this community is a place where all people can prosper.”

“We have always believed, and continue to believe, that the Community Compact between three private parties does not conflict with Federal law,” Marlins President David Samson said in a statement. “However, at the urging of the County Attorney, we have agreed to rescind the Compact. The result of this action does not change our commitment to work with the NAACP, the Miami-Dade Chamber and other community organizations to ensure that the ballpark project provides a benefit to all members of our community.”

The Miami City Commission is to vote on the plan to finance the $515 million ballpark at the former site of the Orange Bowl at 9 a.m. Thursday. Miami-Dade County Commissioners are scheduled to consider the plan at 1 p.m. Monday.

> Discuss this entry

On Friday, the Marlins, NAACP and Miami-Dade Chamber of Commerce signed a pact to ensure 15 percent of the construction and operations contracts on the new ballpark go to black-owned businesses. On Sunday, Marlins owner Jeffrey Loria said the timing for the stadium is perfect because of the jobs it will bring during the recession.

But on Monday, the ballpark project hit another snag. Miami-Dade County attorneys raised concerns that the pact over black-owned businesses could be unconstitutional and said they did not want county commissioners considering the deal with that provision. Team, NAACP and chamber officials worked Monday to modify the language of the deal to maintain its intent.

I'm told the issues should be worked out, but they provided another obstacle as the team and Major League Baseball officials continue lobbying Miami City and Miami-Dade County commissioners to support the ballpark deal. Marlins President David Samson said the meetings on the ballpark deal will go on as planned. The Miami City Commission meets to consider the deal at 9 a.m. Thursday; the county commission is scheduled to meet at 1 p.m. Monday.

> Discuss this entry

Exactly a month after the Marlins ballpark got caught in limbo when Miami City Commissioners deadlocked in a 2-2 vote on financing for the $515 million venue, the team forged a partnership aimed at helping to jumpstart the project.

The Marlins, the NAACP, and the Miami-Dade Chamber of Commerce signed an agreement today to guarantee 15 percent of stadium construction and operation contracts go to black-owned businesses. The deal provides 15 percent of the team’s contribution to the stadium in construction contracts and 15 percent of its contracts for products and services used in the annual operation of the venue to those businesses.

“This is a great day for black business, not only in Miami, but nation-wide. It shows the strength of collaboration between the NAACP as an advocacy group and the chamber of commerce as an effective economic development organization,” Bill Diggs, President and CEO of the Miami-Dade Chamber of Commerce, said in a statement. “This agreement creates a standard for partnerships and how they should work in the Black community across the country.”

"It's important to our organization as a good community partner to guarantee that black owned businesses contribute and share in the ballpark's success," Marlins President David Samson said in a statement. "We look forward to seeing the results of this partnership so that a broad range of people in Miami-Dade County can enjoy the many economic benefits that come from a construction project of this magnitude."

Meanwhile, earlier this week, the Miami City Commission, sitting as the Community Redevelopment Agency Board, agreed to expand the boundaries and extend the life of the Southeast Overtown/Park West CRA district to raise millions of dollars for city projects. The decision helps ensure dollars will be used to “eliminate slum and blight in Overtown/Park West,” according to a city press release.

Miami City Commissioner Michelle Spence-Jones has been seeking additional dollars for her district, before agreeing to support the Marlins ballpark project. It was Spence-Jones’ absence – she was on maternity leave – from the Feb. 13 commission meeting that led to the 2-2 vote.

Miami City Commissioners are scheduled to vote on the ballpark financing plan on Thursday. Miami-Dade County Commissioners are to vote on the ballpark on March 23.

> Discuss this entry

Now that the Miami City Commission is scheduled on March 19 to vote on the Marlins ballpark and related issues, the Miami-Dade County Commission will meet a few days later on March 23.

Last week, the county commission delayed its meeting indefinitely at the request of Miami-Dade Mayor Carlos Alvarez, who decried the politics that had surfaced over the issue at the city. Alvarez requested the county commission delay its meeting until the city commission resolved its issues and voted on the ballpark.

The ballpark project has been stalled since the city commission deadlocked 2-2 on Feb. 13, when City Commissioner Michelle Spence-Jones was absent on maternity leave. Commissioner Marc Sarnoff offered three amendments to the deal aimed at providing more protection for the city and county and the commission continued its meeting until this month. Since then Spence-Jones said she would attend the next meeting and has also asked for protections for her district.

Last week, the city commission scheduled its meeting for 9 a.m. March 19. The county commission will meet at 1 p.m. March 23.

> Discuss this entry

The Miami City Commission won’t vote this Friday on a new ballpark for the Marlins, but has again rescheduled its meeting – this time until March 19.

The new delay, which comes as tempers have flared between the city and Miami-Dade County over the ballpark issue, will allow city commissioners to consider the ballpark agreements and related issues, including waiving the competitive bidding requirements to allow the ballpark contractor to also conduct adjacent street and sewer work.

On Tuesday, the Miami-Dade County Commission, which had been scheduled to vote on the $515 million ballpark next Monday, agreed to delay its meeting indefinitely until the city commission considered the ballpark agreements and all related issues. The delay came at the request of Miami-Dade County Mayor Carlos Alvarez, who on Monday said the issue had become the subject of political grandstanding by some city commissioners.

The ballpark financing plan has been stalled since Feb. 13, when the city commission met to vote on the plan, but deadlocked 2-2 with Commissioner Michelle Spence-Jones on maternity leave and Commissioner Marc Sarnoff making three new demands aimed at extracting more from the deal for the city and county. Rather than killing the ballpark deal, the commission chose to continue the meeting this month.

Since then, Spence-Jones has also asked for protections for her district, before agreeing to support the ballpark project.

The city commission will meet at 9 a.m. March 19 at Miami City Hall, 3500 Pan American Drive, Miami.

> Discuss this entry

With just a few days until the Miami City Commission is to vote on the Marlins ballpark agreements, things got ugly today.

After Miami City Commissioner Michelle Spence-Jones released on Friday a list of demands to protect her district before she’d support the ballpark, Miami-Dade County Mayor Carlos Alvarez held a press conference Monday afternoon decrying the politics that have consumed the ballpark issue since Feb. 13. That’s when the Miami City Commission deadlocked 2-2 in votes on the stadium, after Commissioner Marc Sarnoff demanded more for the city from the deal. The votes nearly killed the deal, but the meeting was continued until this month.

“Sincere and earnest work and meticulous and deliberate negotiations have been hijacked,” Alvarez wrote in a memo to county commissioners. “The best of intentions have morphed into unreasonable demands that have nothing to do with baseball. Political grandstanding, the dissemination of half-truths and intellectually dishonest assumptions are rampant.”

He continued: “It is wrong to exploit the public’s keen interest in baseball in this way. The politicking on the stadium, frankly, has become a distraction.”

Sounds a little like grandstanding about grandstanding, no?

Alvarez, who has been supportive of the ballpark, called for County Manager George Burgess to suspend ballpark discussions and the county commission to delay its March 9 meeting to vote on the ballpark issue until the city commission has voted on the ballpark agreements and all related issues. That includes a waiver of the competitive bidding requirements to allow the stadium contractor to also do the adjacent street and sewer work. The city commission is to consider the ballpark on Friday, but not the bid waiver.

In response, County Commission Chairman Dennis Moss, too, called for a delay of the county’s meeting. He’ll consider the delay at Tuesday’s county commission meeting.

Meanwhile, Spence-Jones’ office sent out a release saying she’d be hosting a community forum on the ballpark issue Monday night along with a group called Clergy for Change at 93rd Street Community Baptist Church. The Marlins had no comment Monday afternoon, but Marlins President David Samson was scheduled to attend the community forum.

Sarnoff? He met with the media in front of city hall just hours after Alvarez’s press conference. According to the AP’s account, Sarnoff said he thought a ballpark deal could be had, but that it needs to be reconsidered based on economic conditions.

“I think that we need to go back to the drawing board and take a look at this agreement in March 2009 eyes as opposed to February 2008 eyes,” Sarnoff said. “This is a different world economy than existed over a year ago.”

Over the weekend, Bill Madden speculated in a column in the New York Daily News that both the Marlins and Oakland A’s could be candidates for contraction with their ballparks off the table (A’s) and on the ropes (Marlins). In his column, Madden addresses Sarnoff’s demands for the city and county to receive naming rights and the profits if the Marlins are sold. He even invoked a former Marlins owner, who also couldn’t get a ballpark financed, when he wrote: “…and more and more it appears former Florida owner John Henry was right when he said there is nothing more impossible than south Florida politics.”

As of Monday afternoon, the Miami City Commission is still scheduled to meet Friday. That could change. The political thicket could get pricklier.

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Miami City Commissioner Michelle Spence-Jones has been quiet about the Marlins ballpark issue since her absence at the city commission meeting on Feb. 13 left the ballpark deal deadlocked 2-2 and almost derailed it completely before the meeting was continued until March.

That is, until Friday.

On Friday, Spence-Jones, who had been on maternity leave, issued a statement titled "Commissioner Michelle Spence Jones Says Marlins Must Hit a Home Run for Her District." In the release from her office, Spence-Jones says times have changed since she supported the ballpark last year.

Apparently, Miami City Commissioner Marc Sarnoff isn't the only one with demands.

Spence-Jones' statement listed several. She wants to ensure improvements and jobs for her district. Among her demands: preserving property tax dollars raised in the Overtown Community Redevelopment Agency for the Overtown neighborhood; "authorize a half billion dollar bond issuance to fund the redevelopment of the historic Overtown community," and that the Marlins and Major League Baseball pay for a "mini-baseball youth academy located in the inner city."

Three times the statement says the Marlins "will strike out" on March 6 -- when the commission is to vote on the ballpark agreement -- if changes are not made to the deal.

"In an economic environment where jobs are critical, small businesses are struggling, and construction work has slowed, the Commissioner says the deal must appeal to the needs of her district or the Marlins will strike out on March 6," the statement says.

As always, stay tuned...

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Now it’s the Miami City Commission moving its meeting to consider the Marlins $515 million ballpark deal. The city commission is now scheduled to meet at 9 a.m. March 6 – rather than on March 4.

No official word on why the meeting has been rescheduled, but it sounds like it could just be a scheduling issue. The Miami-Dade County Commission is still scheduled to meet to consider the deal at 9:30 a.m. on March 9.

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With just a week until Miami City Commissioners again consider a plan to finance and construct a $515 million ballpark for the Marlins, two Miami activists have filed a lawsuit to stop the project.

Graciela Solares, a member of the Miami Roads Neighborhood Civic Association, and Elvis Cruz, a member of the Morningside Civic Association, filed a lawsuit Wednesday against Miami and Miami-Dade County alleging the two governments negotiated the ballpark deal behind closed doors in violation of Florida’s public records law.

The suit, filed in Miami-Dade Circuit Court, seeks to void last year’s Baseball Stadium Agreement – the document that set in motion plans for the 37,000-seat retractable roof ballpark at the former site of the Orange Bowl – and halt any further negotiations unless they are held in public. The suit states that if the Miami City Commission and the county commission approve five new agreements that spell out precisely how to pay for and build the venue – those, too, would need to be voided. The city commission is scheduled on March 4 to consider five agreements; the county commission is to consider them March 9.

“The only thing they can do is, in a sense, start all over again,” said Linda Carroll, a Miami attorney representing Solares and Cruz.

Carroll said the public doesn’t have a right to interfere with negotiations, but must be allowed to watch them. Otherwise, she said, when it is the public’s time to comment, it can’t make informed observations since it doesn’t know what was considered.

A county spokeswoman said the county attorney’s office was reviewing the suit and had no comment. A city spokeswoman could not be reached late Wednesday. The Marlins were not named in the suit.

In his lawsuit filed last year, auto dealer Norman Braman also questioned the ballpark deal being negotiated in violation of the state’s Sunshine law. Braman’s suit accused County Manager George Burgess of negotiating the stadium deal on behalf of the county in private. The claim was one of the first dismissed in the case.

Carroll said the cases differ and the new lawsuit points out the public knows even more private meetings occurred in recesses during the city commission’s Feb. 13 meeting to consider the five agreements.

“The Chairman of the Commission declared recesses during the Commission meeting so that members of the negotiating teams of the City, the County and the Marlins could meet and confer,” the suit states. “The negotiators left the Commission chamber for the second floor (where the offices of the City’s Mayor and Manager are located). No one in the public knows what happened: all negotiations at that time were closed to the public.”

Knowing Braman’s public records law claims were dismissed last year, it’s possible the votes go on as planned. But it’s also possible Carroll files an injunction seeking to stop the votes from going forward.

As always, stay tuned.

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Miami-Dade County Commission Chairman Dennis Moss rescheduled the county’s March 5 special meeting to vote on the $515 million ballpark plan, after he learned that a few commissioners might be unable to attend.

Wanting to make sure everyone could attend, Moss has now scheduled the county commission’s meeting for 9:30 a.m. March 9 – meaning there will be a gap of four days between the Miami City Commission’s March 4 meeting and the county’s meeting.

Could the dates change again? Sure. Mark them in pencil.

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The Marlins said they hoped to get their ballpark issue resolved before March 12 –- the date Miami City Commissioners chose to continue last Friday’s meeting – the one that lasted more than seven hours.

The city and Miami-Dade County are trying to oblige. The city has scheduled to continue its meeting at 9 a.m. March 4, when presumably Miami Commissioner Michelle Spence-Jones, who is on maternity leave, will be able to attend.

The county commission, meanwhile, will consider the stadium deal at a meeting at 9:30 a.m. on March 5. The team wanted to avoid what happened Friday – dozens of people waiting for the county meeting, which was scheduled to start at 1 p.m., while proceedings dragged on without resolution at the city commission meeting.

With Spence-Jones absent, the four commissioners in attendance twice deadlocked 2-2 in votes on the stadium deal. City Commissioner Marc Sarnoff made three demands: the team help pay cost overruns on the parking lots; turn over naming rights proceeds to the city and county; and hand over profits to the city and county, if the team is sold within 10 years.

The team agreed to cap the parking lots at $94 million, but would not agree to the other demands. Marlins President David Samson told the commission he would be willing to renegotiate additional provisions, but only if the entire ballpark agreement is reopened for discussion.

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As my regular readers know, I gave up handicapping whether the ballpark project will happen several years ago. I have been covering this for too many years and seen too many bizarre things – especially Friday’s Miami City Commission meeting – to know for sure what will happen.

But let’s re-cap and explore some of what occurred:

Approval?: The Miami City Commission might have passed the Marlins’ $515 million ballpark financing plan on Friday, had Commissioner Michelle Spence-Jones been present. Spence-Jones, who is on maternity leave and was absent Friday, has supported the ballpark project in the past. That’s no guarantee, but it’s a possibility. Still Commissioner Marc Sarnoff may have raised his concerns (more on this later) about wanting to exact more protections for the public -- and in the process given some commissioners pause.

Even if the deal had passed at the city, Miami-Dade County Commissioners were prepared with their own questions and perhaps even more demands. Among concerns of both city and county commissioners is that general fund revenue could be tapped, should hotel bed tax dollars fall short. General fund dollars are listed as the secondary pledge – as a backstop – for repaying bonds. City, county and team officials have said they do not intend – ever – to tap the general fund.

At the county, provisions are being made to pull a few items that need a super-majority – or nine of 13 votes – from the ballpark agreements, so that a simple majority of seven votes can pass the ballpark contracts. The nine votes would be needed for items such as waiving competitive bidding procedures for the contract for the street and sewer work at the ballpark.

Jobs and public testimony: Before city commissioners began their debate Friday, 36 members of the public spoke. More were in favor than opposed, but both sides were represented. Many of the people who spoke in favor of the stadium, including those representing labor unions, pleaded for the construction jobs it would create during the next three years. The jobs at a new stadium have been in question since most of the jobs at Dolphin Stadium during Marlins games would just be moved to the new ballpark.

Here’s what Marlins President David Samson said about jobs: “I believe and I continue to believe this deal makes sense from the city’s standpoint and the county’s standpoint, and for every single person in South Florida whether you’re a baseball fan or not, the community needs these jobs. It was loud and clear. There can be a debate as to the type of jobs, but the community needs it.”

Opponents questioned such a large public outlay of tax dollars during a recession, whether the money should be spent on other projects, the types of jobs being created, and padding the pockets of private business.

Sarnoff’s demands: The stadium contracts up for votes on Friday were produced as a result of the “Baseball Stadium Agreement” (BSA) – a document the city and county commissions approved a year ago that covered the ballpark project in principle. The contracts are the fine details of that agreement that spell out precisely how to finance, construct, and insure the ballpark, keep the Marlins from re-locating for the 35-year life of the agreement and build the parking garages and lots. The contracts modified some of the items in the BSA, but the BSA always contemplated naming rights proceeds would go the Marlins. The Marlins have sought a new ballpark for years to be able to control their own revenue, so they can put more dollars into the team’s payroll.

The timing of Sarnoff’s demands is what blindsided many at city hall Friday.

For his part, Sarnoff says the dais at city hall is his place to make demands, not in meetings or negotiations ahead of time. Sarnoff said city administrators negotiate a deal they think is fair and then the “baton gets passed” to the city commission.

His demands were aimed at protecting the city and its taxpayers. He wanted the team to help cover cost overruns incurred if the cost for building the parking lots exceeds $94 million. Samson said the team would cap the parking at $94 million, even if that results in fewer than 5,500 spots.

Sarnoff wants naming rights split by the city and county to help them repay the bonds they issue for the ballpark.

And if the team is sold within 10 years, Sarnoff wants all the profits shared with the city and the county since it’s the public’s commitment to building a ballpark that will increase the value of the team.

“I just don’t think it’s taxpayers’ job to enhance a man’s asset,” Sarnoff said. “It’s not taxpayers’ job to increase the franchise value. And if the franchise value right now is $300 million and it goes up to $600 million, it seems to me the taxpayers should benefit from that franchise increase in the event of a flip.”

Sarnoff said if Marlins owner Jeffrey Loria has no intention of selling the team, he should agree to the profit-sharing language. Historically, sports team owners make money when they sell. See Dave Hyde’s column for more on this subject.

The contract does call for the Marlins to share profits if the team is sold, but within seven years and at a far lower and decreasing rate – 18 percent in the first year to 5 percent in the seventh. (The BSA had a five-year schedule that started at 10 percent, so the terms did get stronger).

Samson said the team couldn’t agree to those demands, but would be willing to renegotiate the deal, as long as the entire agreements is reopened.

For comparison purposes, profit-sharing – or sales kickers – are rare. In Washington, DC, the Nationals agreed to share profits if the team were sold after the city agreed to spend $600 million for the ballpark. That provision has already expired. In Minnesota, as part of their ballpark deal, the Twins agreed to share profits if the team is sold.

(By the way, just as an aside: did it look to anyone else like Sarnoff might be auditioning for a run at the mayor's seat? Already Commission Chairman Joe Sanchez and Commissioner Tomas Regalado are running to replace Miami Mayor Manny Diaz, when his term is complete. Sanchez even accused Regalado of campaigning at the dais during Friday's meeting).

What’s next?: The city commission has continued its meeting until March 12, but it’s possible a meeting could be held sooner. Samson said the city and the county will hold their meetings on separate days to avoid what happened Friday, when the city commission meeting ran long and those at the county, were left waiting before the county meeting was called off.

Samson said he believes a deal can still be struck. Read Juan Rodriguez’s piece from Sunday where Samson spoke on the first day of spring training at Roger Dean Stadium in Jupiter.

On Friday, when he met with the media, Samson said, “Any speculation that you hear that the ballpark deal is off, any speculation you hear that the team or county or city is fighting or anything, that is not the case. What you are hearing from me today is we are trying to figure out the best way to have a deal that makes sense for the county and the team, and we will continue to work toward that. And the minute we can no longer work toward that, is the minute I will tell all of our fans, that it’s over. And that day is not today.”

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Deadlocked in their vote for a new ballpark for the Marlins, the Miami City Commission decided instead to hold off further votes until next month.

The commission’s ballpark discussion will continue on March 12, which presumably will give time for any further negotiation that might make the $515 million financing proposal palatable to more city commissioners – and perhaps even allow for Commissioner Michelle Spence-Jones, who is on maternity leave, to attend.

The Miami-Dade County Commission, which had been waiting since 1 p.m. to start its meeting on the ballpark plan, instead didn’t hold its meeting. The commission chairman will decide when the county should hold its next meeting. Any substantive changes in the ballpark deal would need to be reviewed by both the city and county.

Marlins President David Samson said he appreciated the political process and assured fans of the team and supporters of the ballpark that he is not giving up.

“I do not believe this marks the end, because we will continue to try to figure out a way to reconvene this meeting and have the county meeting that has not even begun yet,” he said.

“I tell our fans who are watching, spring training starts tomorrow, I will be in Jupiter for that. We are going to continue working to make sure the ballpark opens on time and on budget in 2012.”

He said fans should not believe that work on the ballpark is over: “I assure you when that is no longer the case you will hear it from me.”

The deadlock came when City Commissioner Marc Sarnoff asked that the Marlins agree to three additional items: covering overruns on parking garages and lots, and turning over proceeds from naming rights and any profit if the team is sold -- to the city and county. Samson said the team would agree to cap the parking costs at $94 million, but not the other provisions.

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Miami City Commissioners reconvened, but are no closer to a deal. Their meeting has devolved into political chaos.

In responding to Commissioner Marc Sarnoff’s proposals to cover extra costs of parking garages and to turn over naming rights and any profits of a team sale to the city and county, Marlins President David Samson said the team would agree to cap the cost of parking garages and lots at $94 million.

As for the other two provisions, he said the team could not agree, but if the commission wanted he would be willing to renegotiate the entire deal. Not just the parking agreement and non-relocation, but the ENTIRE deal.

Samson reminded Sarnoff and the other commissioners that the agreements before the commission were similar to the agreement to build a stadium in principle – known as the Baseball Stadium Agreement – that commissioners approved a year ago.

"We are open to renegotiate the entire agreement," Samson said. "All five agreements."

The commission decided to move forward with a vote on Sarnoff’s motion with the added provisions, which Samson said will result in “no deal.” But the voting ended at one no (Angel Gonzalez) and two yeses (Sarnoff and Tomas Regalado), when commission chairman Joe Sanchez lashed out at Regalado.

“You just voted against the deal,” Sanchez said.

“I’m voting for the residents of Miami, Mr. Chairman,” Regalado said. “Respectfully, it is not about the deal. It’s about the residents of the city of Miami. I believe these terms can be achieved.”

By the way, both Sanchez and Regalado are running for mayor of Miami to replace Mayor Manny Diaz.

Regalado continued: “We want the stadium, these are details that you all didn’t work out, but according to you mr. Manager, you got a lot of things from the county. Well, now is the time to come back to the table.”

All the commissioners sounded like they believed in helping finance a ballpark for the Marlins, but they can’t yet agree how, despite having the framework of a deal for the past year.

City Manager Pete Hernandez suggested another recess to meet with team and county officials. The group has gone to huddle in the city offices.

“I think today is a truly sad day for the county,” Sanchez said. “My colleagues have taken the hopes of many, the people who live in Little Havana.”

Again, stay tuned...

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The Miami City Commission deadlocked on 2-2 vote to move forward with a plan to finance a $515 million ballpark for the Marlins, meaning the deal died. (Commissioner Michelle Spence-Jones, on maternity leave, is absent).

But the commission has just taken a break and team, city, Miami-Dade County and Major League Baseball officials have gone behind closed doors to see if a deal can be salvaged.

Before breaking City Commissioner Marc Sarnoff, who along with Commissioner Tomas Regalado opposed the deal, suggested several amendments to revive the deal. He wants the Marlins to cover extra costs on a parking garage the city is to build for $94 million, turn over naming rights dollars to the city and county to service their debt on the project and any profit, if the team is sold, to go to the city and county.

Commission Chairman Joe Sanchez initially seconded the motion, but then decided it would “kill the deal” and rescinded his motion.

At the moment, there is no deal on the table and certainly no need to head to the Miami-Dade County Commission chambers.

When I asked Miami Mayor Manny Diaz, a supporter of the ballpark, what happens now, he smiled and said “We’re taking a 10-minute break.”

As always, stay tuned.

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More than 25 members of the public are signed up to speak at Miami City Hall in favor or against a new ballpark for the Marlins. The debate has become less about the use of public money for the $515 million venue and more about whether it will create the jobs, residents and business people say are desperately needed.

Several people in the construction industry have spoken in favor of the jobs the stadium will create. Others said those jobs are an illusion, won’t pay enough and the money should be spent on housing, education and other needs.

The tourist tax dollars designated for the project can only be spent on sports venues, convention centers and other projects to promote tourism.

A man from Hialeah said he had 5,000 signatures in favor of the stadium. A Miami activist called the deal “terrible” and implored the commission to put the 335-page stadium contracts before voters.

“Let the Marlins get a loan to buy the land at the old Miami Arena site, just like any private business should have to do,” Elvis Cruz said. “Let them build the stadium themselves and let Major League Baseball guarantee it.”

Before the public testimony, Major League Baseball President Bob DuPuy spoke of the significance of building a ballpark in Miami for generations of families to enjoy.

“No one remembers their first visit to a convention center,” DuPuy said, “but almost everyone remembers their first visit to a baseball game.”

Miami Mayor Manny Diaz called on commissioners to approve the ballpark deal for its much-needed jobs during a period of high unemployment, because it will revitalize a neighborhood in the city that sorely needs it and will help make Miami as a world class city.

“It’s very easy to say no. I believe this is not why we get elected,” Diaz said. “We get elected to act, to be decisive, to lead.”

Miami-Dade Mayor Carlos Alvarez told commissioners the issue is not new, and that it is time to make the decision. He worried the Marlins will leave “because after 10 years, we couldn’t come up with a contract.”

Alvarez said he hopes the team does “make a lot of money. If they make money, we’re successful in this community.”

Alvarez reminded commissioners, the county is fortunate to have professional football, basketball -- and baseball.

“They may never win a World Series again, but they’ve already won two,” Alvarez said.

Marlins owner Jeffrey Loria spoke briefly, telling commissioners he’s owned the team longest of its three owners, “because I have an unwavering commitment to see things well done, professionally done, it will continue in that same vein.”

But Loria added, “I do take exception to Mayor Alvarez’s comments we may never win another World Series.”

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There’s a full house at Miami City Hall this morning, where the city commission is late starting its meeting to consider funding for a $515 million ballpark for the Marlins. Some in the audience are clad in Marlins jerseys and caps. There are also some opponents.

Miami resident Elaine Jepeway stood alone in front of Miami City Hall, holding up a paper grocery bag that she’d split apart and had covered with the words “NO DEAL.”

“I thought there were going to be other people here,” said Jepeway, 67. “This is just such a fiasco with the economy … We should use the money for something that’s needed. Nobody goes to the games. I wasn’t coming, but I thought it’s the right thing to do … I think it’s just not the time to do it.”

Meanwhile, a Marlins fan circled the city hall parking lot in his pickup truck carrying a billboard that read “I want to take my child to a Marlin World Series in 2013.”

Marlins owner Jeffrey Loria and president David Samson are in attendance. City Commissioner Michelle Spence-Jones, who is on maternity leave, is not present and not expected to vote on the deal. The stadium agreements need a simple majority of the four commissioners present to pass.

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On Friday, the Marlins hosted a wiffle ball game (see photo) on the grounds of the former Orange Bowl, which they hope will become the location for their new home.

On Saturday, renderings of that home – a proposed $515 million retractable roof ballpark – were up in select spots around their current home, Dolphin Stadium, during the team’s annual FanFest.

The team also handed out fliers depicting the new home and encouraging fans to show up on Friday (Feb. 13) at the Miami City (9 a.m.) and Miami-Dade County (1 p.m.) commission meetings to show their support for a new ballpark. The two commissions are scheduled Friday to determine whether ground will finally be broken for the long-sought ballpark. The commissions are considering five agreements that spell out the details of the financing and construction of the ballpark. The vote – at least at the county commission, where the team needs 9 of 13 votes – is expected to be close and is not assured.

According to an announcement in Miami Today, a group called “Coalition Against Marlins Bailout” has scheduled a protest at 11 a.m. Tuesday, Feb. 10, outside the county government center, 111 NW 1st St., Miami. And the Miami Herald writes opposition to the use of county hotel bed tax dollars to fund the ballpark has surfaced again from Miami Beach officials who want bed taxes used to upgrade the Miami Beach Convention Center.

But Saturday at Dolphin Stadium was about celebrating baseball, the Marlins and their players and to ask questions about certain elements of the ballpark. Among the ballpark details that Marlins President David Samson shared and were applauded:

Food: A “Taste of Miami” concept in which offerings are to represent the range of ethnicities and tastes of South Florida from croquetas to sushi to stone crabs to hamburgers. “It’s going to be a pleasure watching people eating stone crabs, while they just got something from Café Versailles,” Samson said.

Roof: Opening and closing the roof should take 11 to 16 minutes, depending on wind and other factors, Samson said. He said during the rainy and boiling summer months, the roof should be closed most of the time to ensure games are played and fans are kept cool in the air conditioning.

Dimensions: Similar to Dolphin Stadium, the new ballpark will be a pitcher’s park, Samson said, but with the short porches reversed, so that right field is shorter and left field is farther away. These are the dimensions: Left-field line: 340 feet; Left-field alley: 384 feet; Center field: 420 feet; Right-field alley: 392 feet; Right-field line: 335 feet. There will a “Bermuda Triangle” sort of feature with a surprise being planned by Marlins owner Jeffrey Loria.

Parking: Season ticket holders will be assigned spots in four garages based on where they live or will be coming from to the ballpark to make it easier for them to get in and out of the location, Samson said. For example, he said, West Broward residents who take the 836, will be assigned west side garage spots; fans traveling south will be in east side garages.

Design: The renderings don’t give the full effect of the glass and color planned for the venue, Samson said. He said there will be a glass wall facing downtown Miami.

Meetings: The Miami City Commission meets at 9 a.m. Friday at Miami City Hall, 3500 Pan American Drive, Miami; the Miami-Dade County Commission meets at 1 p.m. Friday at the Stephen P. Clark Center, 111 NW 1st St., Miami.

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The Marlins are hoping Friday the 13th turns out to be their lucky day. Miami-Dade County Commissioners and Miami City Commissioners are to vote Feb. 13 on the five agreements that spell out the financing, construction and other details to make their ballpark at the site of the former Orange Bowl a reality.

The five agreements – Construction Administration; Operating; Non-Relocation; Assurance; and City Parking – were released Tuesday. If you want some light reading, take a look at the documents here on the county’s website.

Acknowledging that I haven’t read every page YET, the agreements overall appear to extract more from the team, thereby offering more protections for the public. The budget for the ballpark is to remain the same, the documents show, ($347 million from the county; $155 million from the team; and $13 million from the city), but the team is responsible for any cost overruns incurred on the ballpark AND the public infrastructure. That means if there are overruns on the estimated $21 million in drainage, sewer and road work the city and county will split, the team will be responsible for those.

The team’s rent payment of $2.3 million a year will rise 2 percent a year – meaning more money for the county to cover its debt. The team will provide 81,000 tickets – or 1,000 a game at an “affordable price” starting at $15 in the ballpark’s inaugural year. Another 10,000 – double the original 5,000 – a season will be provided free for youth groups and community organizations.

If the team is sold within seven years, the team would have to pay a higher percentage than initially planned, to the county as a profit share. Under last year’s agreement, the team would pay 10 percent if the team was sold in year one; under the new agreement, that’s shot up to 18 percent. The percentage falls each year, but is significantly more onerous than in the earlier agreement – arguably creating something of a disincentive to sell.

Neither County Manager George Burgess nor Marlins President David Samson would say the changes were made to appease the concerns of county commissioners who have threatened to vote against the ballpark agreements.

“We wanted to get something stronger,” Burgess said.

“You do what you think is right to achieve a goal you have. Our goal from the beginning was to partner with the city and county … through the course of negotiations there were certain provisions that changed,” Samson said. “Our focus has been to get this deal done.”

Even if the commissions sign off on the agreements, there’s still an option for any of the parties to terminate them by June 30. Burgess and Samson said they don’t expect that to happen. They expect construction to begin this summer with the ballpark opening in 2012.

The city commission is scheduled to meet at 9 a.m. Feb. 13, followed by a 1 p.m. meeting of the county commission. The county commission must approve the agreements by a two-thirds vote -- or 9 -- of the 13 county commissioners. Expect it to be another long day.

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Not much of an update – hence the .5 – but there hasn’t been much to say lately.

The agreements spelling out the details of financing and constructing a Marlins ballpark may finally be headed for a vote. Miami-Dade County Commission Chairman Dennis Moss mentioned during today’s county commission meeting that he’d like to hold a special meeting at 1 p.m. on Feb. 13 to consider the ballpark agreements. But that date is contingent upon the county commission getting at least two weeks to review the agreements, which still haven’t been completed.

Moss wants to avoid the criticism the Miami city and Miami-Dade county commissioners received in December 2007 for their hasty votes on an agreement that included plans for the $515 million stadium, which they’d had limited time to review.

Although officials hope the Miami City Commission will vote on the same day as the county commission, a city meeting has not yet been scheduled.

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Near the end of a road in far western Hialeah with a lake as a backdrop, politicians, Major League Baseball and Marlins officials, and youth baseball players gathered Wednesday to celebrate the announcement of a new MLB-backed youth baseball academy.

Proclaiming it to be a “great day” for his city and Miami-Dade County, Hialeah Mayor Julio Robaina and others gushed about the importance of the baseball academy that will be open to young men and women throughout South Florida to play baseball and softball. Construction of the academy, which is being modeled after MLB’s first academy in the country in Compton, Calif., is expected to begin in 2010 and take about two years to complete. Hialeah is providing the land and MLB is contributing about $3.2 million to the project.

The fact that the group, which included five county commissioners and a representative of Miami-Dade County Mayor Carlos Alvarez, gathered at all is supposed to show how close officials believe they are to finalizing the long-awaited $515 million Marlins ballpark. The academy won’t happen, officials say, unless the ballpark is built on the site of the former Orange Bowl. The Hialeah academy was the result of the city's offer to provide the land for a ballpark during negotiations in 2006.

“Major League Baseball is committed to South Florida. This is an affirmation of our commitment to South Florida,” MLB President Bob DuPuy said.

But amid the glowing talk of giving youths an opportunity to play baseball and boost their self-esteem, there was clearly some concern that getting the final ballpark documents approved might not be as simple and rosy as Wednesday’s gathering.

“Commissioner Seijas, very good to see you,” Marlins President David Samson said addressing County Commissioner Natacha Seijas before the rest of the crowd. Seijas, after all, was the only one of the five commissioners present who, despite her profound love of baseball, hasn’t always supported the Marlins ballpark project.

Samson, however, remains as optimistic – publicly – as ever. The five ballpark agreements are nearing completion and although it hasn’t been officially scheduled, officials are hoping for a vote of the Miami city and county commissions on Jan. 22.

“We all came together now, because we feel as though we’re in a position very, very shortly, to deliver to 13 county commissioners and five city of Miami commissioners completed documents for their approval. There is no deal without their approval,” Samson said. “They’re the only votes that matter. This is the vote to end all votes, this is it.”

Commission Chairman Dennis Moss said Jan. 22 is the target date, but he’s not sure that’s possible. He, Commissioners Pepe Diaz, Rebeca Sosa, and Bruno Barreiro, who were also in attendance, have routinely supported the project.

“I’m personally supportive of the stadium. Again, the devil is in the details,” Moss said. “I’m supportive of it, I’m hoping we can work through with whatever issues we have, and get an agreement signed off on and move forward on keeping the Miami Marlins in South Florida.”

The stadium project will need approval of nine of the county’s 13 commissioners. And some members of the public have grown increasingly concerned about the large public investment in a stadium when the economy is struggling. Commissioners reminded that the public investment comes from tourist tax dollars that can only be used for projects such as sports venues and convention centers, rather than roads or schools or public safety. They also said the stadium will create jobs.

Seijas said she would reserve comment until she’s seen the final stadium documents.

Samson thanked everyone for the hard work on the Hialeah academy, but reminded the crowd where things stand.

“There’s a little work left to be done, but I’ve never felt more confident than I do today, Mr. Chairman, and I look forward to seeing everyone soon," Samson said.

As always, stay tuned…

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Apparently, auto dealer Norman Braman hasn’t been put off by losing in circuit court – or losing a “considerable amount” of money in Bernie Madoff’s Ponzi scheme. Braman’s attorneys filed notice Friday that he’s appealing to the Third District Court of Appeal the case targeting the financing for $3 billion in Miami projects, including the Marlins ballpark.

Braman promised all along he would appeal. All that’s been filed is the notice –that’s all that’s required. Braman’s briefs in the case are due in early March, unless deadlines are extended.

Several people have asked me if the state pulling its support of the traffic tunnel to the Port of Miami earlier this month will have any bearing on the ballpark. It shouldn’t. Although the projects were tied together in the so-called “global agreement” that laid out financing for the $3 billion in projects, none of the projects is dependent on any other. Each needs its own set of government approvals and it’s not a domino situation, where if one falls so do the others.

And speaking of government approvals, it’s likely the financing, construction management, non-relocation and other agreements spelling out details of the $515 million ballpark proposed to be built at the site of the former Orange Bowl, will be presented to Miami-Dade County and city of Miami commissioners in early January, with votes coming later in the month.

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With no real news on the state of ballpark negotiations, the Marlins announced today they have launched a new Web site dedicated to news of the ballpark.

In all seriousness, they did launch marlinsnewballpark.com, “the official site of the Marlins ballpark,” complete with details about the planned $515 million stadium, how it will be financed, the history of the Orange Bowl, economic details, and background about the venue's architect, HOK. There’s a news section, commentary, even a section where fans can print their own signs of support for the ballpark.

And there’s a section for photos… Alas, under the section titled “renderings,” the site says "Coming Soon" in English and "Under Construction" in Spanish. There’s also a Spanish version of the ballpark Web site here.

The team said the idea for the site came from fan research. In a statement, Marlins President David Samson called it a "one-stop shop for ballpark information."

It's still possible the agreements spelling out the details of the ballpark's financing, construction management, non-relocation and other items could be presented to Miami-Dade County and Miami city commissioners in December, but it's more likely they'll be made available in January with a vote scheduled sometime that month.

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No surprise here, but the Marlins are finally publicly acknowledging that a new ballpark won’t be ready in time for the 2011 season. Marlins President David Samson insisted on Tuesday that a 2012 opening is a certainty.

“It’s disappointing,” Samson said of the delay, which he blamed on auto dealer Norman Braman’s unsuccessful lawsuit targeting the ballpark financing. “The important thing is it’s going to open and it’s going to be a stadium that will last forever and help define Miami.”

Last forever? Define Miami? Perhaps Samson can be forgiven since he thinks he is finally seeing the light at the end of that long stadium financing/construction tunnel.

Samson said it became clear in talks with the team’s construction manager, Hunt/Moss, that a 2011 opening was too optimistic for construction and to keep the venue’s cost at $515 million. Samson said the cost to build a 37,000-seat, retractable roof ballpark at the site of the former Orange Bowl is expected to remain $515 million, despite the delay.

He said construction will need to begin by May to ensure a 2012 opening.

There’s still a lot of work to be done, including completing definitive agreements spelling out the stadium’s construction and financing details and then presenting them to Miami-Dade County and Miami city commissioners, expected next month, and putting them to a vote of commissioners, expected in January.

Even with approval, the team will still need to secure financing. Samson is optimistic that can happen even with Braman expected to appeal and tight credit markets in a difficult economy.
“We’re confident the markets will improve and the liquidity will return to the marketplace,” Samson said.

He and other stadium advocates believe now is precisely the time for governments to support large public works projects to create jobs and stimulate the economy. We’ll see about political support in the coming weeks.

And then there’s the thorny question of where the Marlins will play in 2011. The team’s lease expires after the 2010 baseball season, but Samson is hopeful the team will be allowed to play at Dolphin Stadium another season.

He said preliminary discussions with Dolphins and stadium co-owner Stephen Ross have occurred and Ross confirmed that he has spoken with Samson. Samson said that he’s also contacted University of Miami President Donna Shalala since the Hurricanes also share Dolphin Stadium.

Under the agreement to move from the Orange Bowl to Dolphin Stadium, UM’s needs are considered third behind the Dolphins and Marlins until after the 2010 baseball season when UM moves to second place. The baseball diamond was also supposed to be removed after 2010.

“I would hope that an agreement can be ironed out, it would be difficult to believe we would not be able to extend the lease by one year. It will not be an infinite extension,” Samson said. “Anybody can get along for a year.”

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Miami-Dade Circuit Judge Jeri Beth Cohen finally issued the final ruling in auto dealer Norman Braman’s lawsuit challenging the financing for a new ballpark for the Marlins.

As promised, Cohen ruled a referendum is not necessary for a portion of the financing for $3 billion in Miami projects. Her ruling came after the Florida Supreme Court refused on Wednesday to re-hear - again - a similar case.

The county, city of Miami and Marlins have never believed a referendum was required for the ballpark project, but the ruling gives them peace of mind to move forward.

“We are very happy that Judge Cohen has entered the final judgment,” Marlins President David Samson said in a statement. “We always knew that the facts and the law made it impossible for Norman Braman to prevail.”

Samson went on to promise “thousands of jobs and doing our part to make Miami an even greater world-class city.”

Samson and others say final agreements spelling out the details of the construction, financing, and other elements of the stadium are close to completion. Officials hope those agreements can be brought to the county and city commissions for approval next month or in January. Those votes are not guaranteed and serious discussion of job creation, stadium construction costs and whether public money should be put toward the $515 million ballpark in such a tough economy are expected.

Samson also told reporters Friday he expects to know soon whether the optimistic 2011 opening for the ballpark is possible. Samson blamed the delay on Braman’s lawsuit. Braman is expected to appeal.

"We've always said the Braman litigation absolutely was a delay," Samson told reporters. "We're evaluating the significance of that delay, and we'll take it from there."

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It’s been a long time since a stadium update didn’t focus on lawsuits, court hearings and rulings or delays of rulings, and government votes. But the Marlins have revealed a little something about a new ballpark: its dimensions.

In the midst of design development with its architect, H.O.K., the Marlins have worked to borrow some of what makes Dolphin Stadium a difficult place for opponents to play for the new ballpark planned at the site of the former Orange Bowl. There will even be a nod to Dolphin Stadium’s “Bermuda Triangle.”

Marlins President David Samson said team owner Jeffrey Loria was very clear: “He wanted to maintain the integrity of a pitcher’s park.” The dimensions are planned as follows:

Left-field line: 340 feet
Left-field alley: 384 feet
Center field: 420 feet
Right-field alley: 392 feet
Right-field line: 335 feet

Here’s how that compares to Dolphin Stadium:

Left-field line: 330 feet
Left-field alley: 385 feet
Center field: 434 feet (slightly to the left of straightaway center)
Right-field alley: 385feet
Right-field line: 345 feet

Samson said also that Loria has a surprise planned that will make the new stadium unique just as ballparks across the country have some signature element, from Fenway Park’s Green Monster to home runs being hit into the bay in San Francisco.

“The good news about being one of the last new stadiums being built is that you get a lot of other stadiums to look at and learn from,” Samson said. “The bad news is you’re one of the last ballparks being built … We think we can have it all. A Miami experience for fans outside the ballpark, a very South Florida experience inside, the food, the in-game that will be offered. The general programming of the stadium.”

Renderings aren't expected to be unveiled until Miami-Dade Circuit Judge Jeri Beth Cohen issues her final ruling in auto dealer Norman Braman's case targeting the ballpark financing.

Samson said it will be determined shortly if the optimistic 2011 opening date can be met. Meanwhile, negotiations with Miami-Dade County and City of Miami officials on the definitive agreements spelling out the ballpark’s construction, financing and other details continue. Officials hope to have agreements to put before both commissions next month or in January at the latest.

Those votes certainly won’t come easily particularly in this difficult economy, but also will once again come as the Marlins are trading their players – read more in our Marlins blog. Commissioners voted on an agreement to make way for the ballpark just days after the team sent Dontrelle Willis and Miguel Cabrera to Detroit last year.

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A considerable amount of concern from pro-Marlins ballpark ranks has arisen over a story in Tuesday's Wall Street Journal that looked at how sports franchises are faring in this tumultuous economy. It's a wide-ranging story explaining how sports are not immune from the economic downturn: stadiums await naming rights deals, teams worry about selling tickets and are taking steps to offer discounts or payment plans.

The story even quotes New Jersey Nets CEO Brett Yormark (twin brother of Panthers President Michael Yormark), saying sports are no longer competing just against other entertainment options: "We're going up against milk and orange juice," Yormark told the paper.

But the section that has some concerned about the prospects for a new Marlins ballpark at the site of the former Orange Bowl quoted veteran stadium opponent Miami-Dade County Commissioner Katy Sorensen saying support for the project is likely to wane:

"Everybody is a little skittish right now," added Ms. Sorensen, who has always opposed the project. "It's going to be a tough sell to the public to approve something like this."

The Marlins declined to comment. Bruno Barreiro, the county commission's chairman and a supporter of the project, said he hopes to submit a final deal for a vote in coming months, but he acknowledged that securing financing for the project might take a while.

"We have to wait until the market stabilizes," he said.

Sorenson expressed concern about there being enough hotel bed taxes to cover the construction debt, but county officials have repeatedly said those dollars have already been identified and accounted for. And in fact, history shows governments sometimes like to embark on large public projects in difficult economic times because they stimulate the economy and create jobs. (Think the New Deal).

I'm told county, city of Miami and Marlins officials continue to negotiate definitive documents spelling out the details of construction management, non-relocation and other agreements. It's always been known receiving the nine county commission votes needed for each of those agreements will be an uphill battle, regardless of the economy.

Additionally, it's possible the Marlins are waiting until after Miami Circuit Court Judge Jeri Beth Cohen rules on the final count in auto dealer Norman Braman's case before unveiling renderings of the ballpark. But it's also possible the renderings just aren't ready yet.

As always, stay tuned...

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Another deadline, another delay.

Rather than issue her ruling on the final count in auto dealer Norman Braman’s case challenging the financing for a Marlins ballpark, Miami-Dade Circuit Judge Jeri Beth Cohen said Friday she would wait - once again - until the Florida Supreme Court’s ruling in a similar case is final.

Since attorneys for Gregory Strand filed a motion Monday with the Florida Supreme Court to re-hear Strand v. Escambia County, which challenges the use of property tax dollars to repay a $135 million bond issue without first asking taxpayers, the high court’s ruling is not considered final. After re-hearing the case last year, the court overturned an earlier 7-0 ruling and decided on Sept. 18 in a 4-2 ruling that referendums are not needed to use property taxes to pay back bonds on large public projects.

The court isn’t likely to re-hear the case a second time, but it also has no deadline by which it must decide whether to re-hear the case.

“Although I anticipate that the Court will deny the rehearing, it is incumbent on me to wait until the decision becomes final before issuing a definitive ruling. Thank you for your patience,” Cohen wrote Friday in a note to the attorneys in the Braman case.

Cohen has said she plans to follow the Supreme Court and rule a public vote is not needed for a portion of the financing for $3 billion in Miami projects. Braman has said he plans to appeal.

The Marlins, Miami-Dade County and the city of Miami do not believe a referendum would apply to the ballpark financing and are likely to continue with their plans to finalize definitive agreements spelling out the financing, construction management and other details of the ballpark.

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Attorneys for the plaintiff, Dr. Gregory Strand, in the Florida Supreme Court case that has been holding up a decision in auto dealer Norman Braman’s suit targeting the financing for a Marlins ballpark filed a motion today to request yet another re-hearing of the case.

The court has already re-heard the case once - a year ago. On Sept. 18, the state's high court overturned its earlier 7-0 decision, deciding instead in a 4-2 ruling that a public vote isn't necessary when using property taxes to pay off bonds issued for large public projects. The case, Strand v. Escambia County, deals with using property tax dollars to repay a $135 million bond issue without first asking taxpayers.

Miami-Dade Circuit Judge Jeri Beth Cohen has said she plans to follow the court’s newest ruling that referendums aren’t needed to use property taxes to pay back bonds on large public projects. But at the request of Braman’s attorneys, she agreed to wait until Oct. 2, when the period to request a re-hearing expires.

It’s unclear whether the motion to re-hear the case will alter Cohen’s decision to release her ruling on Thursday, but it’s unlikely. It also seems unlikely the court would decide to re-hear the case a second time.

The court is not required to re-hear the case, but it also has no timetable for making its decision.

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File this under: Nothing is ever simple when it comes to the ballpark.

Miami-Dade Circuit Court Judge Jeri Beth Cohen was all ready to slam the door on auto dealer Norman Braman’s case this afternoon, but we’ll have to wait until Oct. 2 for her final ruling.

That’s because the re-hearing period for the Florida Supreme Court ruling issued last week (the one Cohen was waiting for before deciding in Braman’s case if a referendum is needed on a portion of the financing for the $3 billion in Miami projects) doesn’t expire until then. Braman’s attorney Bob Martinez convinced Cohen to wait, saying he wants time to study the ruling and protect his client’s interest.

But that wasn’t before Marlins attorney Sandy Bohrer raised a fuss about any more delays.

“The time for the final ruling has come,” Bohrer told the court. “It’s over. The Supreme Court has ruled.”

But Cohen wasn’t having any of Bohrer’s arguments. She clearly wants to follow the Supreme Court, which after a re-hearing reversed its own opinion from a year ago and said referendums are not required to issue bonds for large public projects.

“I think the Supreme Court has pretty much spoken to us,” Cohen said.

Although she said she “will be absolutely shocked” if the state’s high court decides to re-hear the case a second time, she also didn’t see any harm in waiting.

“What’s the difference if I enter it today or on Oct. 2?” Cohen asked Bohrer. “I’m not going to change my mind.”

Cohen reminded the court that the Marlins, Miami-Dade County and city of Miami are already working on final agreements for the ballpark’s construction.

She also cautioned Martinez about appealing the referendum count.

“You can only appeal where the law’s not clear,” she said. “The law is very clear.”

After the hearing, Martinez said since the Supreme Court opinion isn’t final until the re-hearing period has expired, he wants time to review it.

“The fact of the matter is we are going to be appealing,” Martinez said. “The fact that the defendants think we’re going to lose, they’ve articulated that. They’ve said as recently as two weeks ago, they’re going to move forward. Let them move forward. They have to deal with the reality we’re going to appeal.”

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The Marlins weren’t commenting today, but you know they have to pleased the Florida Supreme Court revised its opinion in the Strand v. Escambia County case from a year ago and ruled that bonds could be issued on large public works projects without a public referendum. Read the ruling here.

Not that the Marlins, Miami-Dade County or the city of Miami ever thought a public vote was necessary for the $515 million ballpark project, despite auto dealer Norman Braman’s contention in his lawsuit that all the projects included in the $3 billion Miami mega-plan should be subject to a vote. The ballpark does not rely on property tax dollars, but the mega-plan, which includes the port tunnel and performing arts center debt, links it to projects that do.

That’s what Braman refers to as a “shell game” – the plan to expand Miami’s Community Redevelopment Agencies (CRAs) to generate millions of property tax dollars -- meant for poor neighborhoods -- to pay debt on the arts center, to free up hotel bed tax dollars to use on other projects, such as the ballpark. Braman is adamant the public deserves the right to vote on the projects.

Miami-Dade Circuit Judge Jeri Beth Cohen put off ruling on the final count in Braman’s lawsuit – whether a public vote was needed on a portion of the financing for the mega-plan – while she awaited the Supreme Court’s decision in the Strand case. It isn’t clear when she will rule, but she has scheduled a hearing for Monday.

City and county officials couldn’t have been happier with the news from Tallahassee, which they say reinstates their ability to use CRA dollars to improve impoverished neighborhoods.

“I’m very happy because of the Supreme Court ruling that was issued today, however, like we’ve said all along that decision really had nothing to do with the funding for the stadium, but it certainly had a lot to do with utilizing monies to incur the debt on performing arts center,” Miami-Dade Mayor Carlos Alvarez said.

Miami Mayor Manny Diaz said the Supreme Court could have prevented municipalities from carrying out important projects.

“It’s not just about the stadium,” Diaz said. “It’s about building affordable housing and infrastructure and fixing up the parks in the area, building streets and sidewalks and flood mitigation, job creation-type projects. That’s the best shot you have to redevelop and revitalize an area that’s been underserved.

“It’s very exciting,” he continued. “I thought if the ruling had gone the other way, it would have effectively eliminated this tool … to help communities do these type of projects.”

Braman, however, wasn’t so giddy. He said his legal team is studying the ruling and he vowed, again, to fight on.

“We’re going to be moving ahead on an appellate basis on all the other counts,” said Braman, who appears on the Forbes 400 list of richest Americans for the first time this year. “We would have liked to see it go the other way.”

The court’s 4-2 opinion included the dissenting opinion of Justice R. Fred Lewis, who used an interesting choice of words that echo Braman: “The local-government shell game, which is played to avoid the Florida voter, should not be sanctioned by this tribunal.”

Meanwhile, city and county officials hope to be able to present definitive construction management, financing and other agreements spelling out the details of the ballpark’s construction to their respective commissions next month.

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The Marlins scored a huge victory Tuesday when Miami-Dade Circuit Judge Jeri Beth Cohen ruled their ballpark serves a “paramount public purpose” – meaning public dollars can be used to help build it.

The team, Miami-Dade County and city of Miami believe the ruling in the case filed by auto dealer Norman Braman targeting the financing for $3 billion in Miami projects, including the ballpark, means they can move ahead with their plans for the $515 million stadium at the site of the former Orange Bowl.

They plan to step up negotiations of definitive construction, financing and other documents so they can bring them to city and county commissioners in the coming weeks. And the team says it will finally be able to share new renderings of the ballpark soon.

“We welcome Judge Cohen’s ruling, which confirms that our elected officials have made the right decision for the future of our community. It is unfortunate that so much time and so much of the public’s money has been wasted in this legal process,” Marlins owner Jeffrey Loria said in a statement. “This is a critical step in securing the long-term future of Major League Baseball in Miami. We will proceed immediately to finalize discussions with the County and the City to put in place all the long-awaited final agreements.”

Interestingly, Cohen's ruling indicated that she understood the ballpark issue is "contentious and emotional," but acknowledged it was the court's role to apply the law, not sentiment.

"While the Court agrees with Plaintiff that the Marlins are getting what amounts to a “sweet deal,” this is, put bluntly, not the business of this Court," Cohen wrote in her 41-page ruling. Read the ruling here.

The team would like to begin construction by year’s end and open the 37,000-seat retractable roof ballpark in 2011. That time frame is getting exceedingly unlikely, but hasn’t been written off yet.

“Our plan is to recommend to the board that we proceed as we’ve always intended,” Miami-Dade County Manager George Burgess said. “We’re happy about the project … We’re committed to a project and if you’re confident in your position, why would you stop?”

Braman, however, plans to continue his legal fight, taking his case to appellate court.

“We’re disappointed in the judge’s ruling, but not that surprised by it,” Braman said. “We’re going to be appealing the judge’s decision, we’re optimistic we’re going to prevail on appeal. This is the first round of a fight, that we expected would last beyond the lower court.”

Braman said he will take the case to appellate court and even as far as the Florida Supreme Court, if necessary.

He also quoted Winston Churchill as saying “Never, never, never, never, never, never surrender your principles. Fight on.”

Besides, he said, “This is the end of the third inning of a nine-inning game. It’s got six more innings to go.”

Among the items Braman is referring to is the one remaining count in his case on which Cohen has yet to rule: whether a portion of the financing for the $3 billion in city projects must go to a vote of the public.

Cohen said she will not rule until after Sept. 15, as she is waiting for the Florida Supreme Court to rule on similar cases.

But the team, city and county say that ruling is immaterial to the ballpark since the financing for the venue does not rely on property taxes.

Braman, however, disagrees. He believes the entire financing package for the Miami projects must go to public referendum.

Burgess and Marlins President David Samson say the referendum question is unrelated to the ballpark.

“All I can say is he can avail himself of whatever legal process is his right,” Samson said. “As far as we’re concerned this is the right result. We’re very confident it will be upheld at any and all appellate levels.”

Braman was not shocked to learn the team plans to move forward.

“There’s nothing here that surprises me,” Braman said. “They still have to get bonding. If they get someone silly enough to get them bonding, if they’re willing to take that risk, that’s their problem, not mine.”

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A tiny update: Miami-Dade Circuit Judge Jeri Beth Cohen told attorneys involved in the case filed by auto dealer Norman Braman on Thursday that she plans to rule next week on whether a ballpark for the Marlins serves a “paramount public purpose.”

That’s the count the Marlins, Miami-Dade County and city of Miami are most concerned about because it determines whether public money can be put toward the stadium. The $515 million ballpark planned for the site of the former Orange Bowl relies on $360 million in public dollars derived from tourist tax dollars and a $50 million general obligation bond voters approved to renovate the OB, but since moved to the ballpark project.

The Marlins hope to break ground for the new ballpark by year’s end so they can open the new venue by 2011 – a date that’s looking increasingly unlikely. Cohen also must rule on whether part of the financing going to $3 billion worth of Miami projects must be subject to a public vote. The Marlins, county and city believe if Cohen rules in favor of a referendum, the ballpark would be exempt from a public vote, but Braman disagrees.

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Apologies for the lack of news on the stadium front, but, well… it’s been fairly quiet.

Miami-Dade Circuit Judge Jeri Beth Cohen was re-elected Tuesday, but no word yet on when she intends to rule on the two remaining counts in auto dealer Norman Braman’s lawsuit targeting the financing for $3 billion in Miami projects, including the $515 million ballpark.

As you may recall when the trial wrapped up last month, Cohen promised to rule on whether the ballpark serves a “paramount public purpose” – meaning public dollars can be used to build it -- within 10 days of receiving additional information. That deadline came and went. Cohen was out of the office and campaigning for parts of August.

With her re-election wrapped up, she could rule anytime, but some speculate she may wait to rule at the same time on both the public purpose count and the count on whether a portion of the $3 billion in financing must go to a public vote. Cohen has been waiting for a ruling from the Florida Supreme Court in two similar cases before making her decision on the referendum count.

She wrote to Florida’s high court earlier this month asking when it might rule on the two cases. An Aug. 21 response from Clerk of the Court, Thomas D. Hall, was no more enlightening. Hall’s letter reads in part: “please be advised that the above styled cases are still pending before this Court and therefore the information you request cannot be released.”

Cohen did set her own Sept. 15 deadline to rule on the referendum count, hoping the Florida Supreme Court will rule by then.

Meanwhile the makeup of the court is changing. Gov. Charlie Crist named 2nd District Court of Appeal Judge Charles Canady to fill a vacancy that will be left by Justice Raoul Cantero, who resigned effective Sept. 6. Crist will also need to fill a second vacancy that will occur in October. As a result, it’s unclear if the court will rule on the two cases before its membership changes and how a shift in makeup might affect the rulings.

The public purpose count is more important to the Marlins, Miami and Miami-Dade County because it could impair the whole financing plan if Cohen rules the stadium should not receive public financing. If Cohen rules a referendum is required for some of the financing, the team, city and county do not believe the vote would include the stadium because it does not rely on property taxes. Braman and his lawyers disagree.

The Marlins have been hoping to break ground for a ballpark at the site of the former Orange Bowl by year's end in order to open by 2011 -- a date that is becoming increasingly unlikely.

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Not much of an update, but since people have been asking when Miami-Dade Circuit Judge Jeri Beth Cohen will rule on whether a ballpark for the Marlins serves a “paramount public purpose” – meaning that is justifies spending public dollars – you might want to know the schedule has changed a tad.

At the end of the trial in the lawsuit filed by auto dealer Norman Braman against the plan to finance $3 billion in Miami projects, including a Marlins ballpark, Cohen asked the attorneys for Braman, the Marlins, Miami-Dade County and city of Miami to provide her with additional information. She extended the deadline for that information until last Friday.

She has promised to rule within 10 days of receiving the information, but some are suggesting she might need longer. Regardless, she isn’t likely to rule before next week -- at the earliest.

In the meantime, my colleague, Juan Ortega, wrote this piece about the Lauderdale Lakes Community Redevelopment Agency working to avoid a Florida Supreme Court decision that has Cohen delaying her decision on whether a referendum is needed for some of the financing of the $3 billion in projects. The Lauderdale Lakes CRA has sought another type of financing to avoid a public vote. Cohen, meanwhile, is waiting on a decision in the re-hearing of the Supreme Court case, but the court is on recess until later this month.

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The trial finished up Wednesday, but the timetable for stadium construction got even murkier.

Miami-Dade Circuit Judge Jeri Beth Cohen listened to closing arguments on whether a $515 million ballpark at the site of the Orange Bowl serves a “paramount public purpose” under the state constitution, or is just, as auto dealer Norman Braman alleges, using public tax dollars to subsidize a private enterprise.

She heard from Braman’s attorney, Bob Martinez, about democracy and protecting the people’s money, about the county and city financing the Marlins, “a commercial business operation,” and orchestrating “backroom deals.” She was reminded that the county and city have no proof the Marlins can meet their obligations to a stadium funding plan and the team has the lowest attendance in Major League Baseball by far.

“The residents of South Florida have voted with their wallets and their feet. They have made the Marlins the lowest in the Major Leagues,” Martinez said. “They just don’t want to go.”

Attorneys for the city, county and team questioned why they should even be arguing the issue since courts have repeatedly ruled stadiums do serve a “paramount public purpose.” They reminded Cohen the ballpark will be a publicly-owned venue that will add to the community’s image. And they said there is nothing in the law that requires a team to open its financial books.

“It’s their burden to show the stadium serves a paramount private purpose,” Assistant County Attorney David Hope said of Braman’s legal team. “Plaintiffs have not satisfied that argument.”

And then Cohen decided she still couldn’t decide. Although stadiums historically meet the test, Cohen said she was still having difficulty with the arguments. She asked the lawyers to bring her additional information by Tuesday and she’ll rule within 10 days of receiving it.

She’s also set a Sept. 15 deadline to rule on the other remaining count in Braman’s case: whether a portion of the financing for the $3 billion in Miami projects must go to a public vote. Cohen believes by then the Florida Supreme Court will issue rulings in two similar cases. She thinks she needs the rulings to guide her decision on whether the use of property tax dollars to pay off bonds on long-term projects must go to a vote.

To be sure, Cohen has been exceedingly deliberate in her decisions. She made clear she is being prudent – her decisions are legal ones, not emotional and have nothing to do with whether she thinks a ballpark is a good idea.

So, what does all this mean for the ballpark?

That’s still unclear and even Marlins President David Samson says the trial has caused delays that the team has yet to quantify. The team hopes to break ground later this year and be in a new ballpark by 2011. But that date becomes more tenuous the longer the wait to finish negotiating definitive construction management, assurance and other agreements that spell out the terms for the ballpark. Those agreements will need approval of both the city and county commissions before bonds can be issued for the project.

“We certainly had expected that by now this project would be moving forward faster than it has been,” Samson said. “[The trial has] caused delays. We haven’t quantified them yet, we’re not sure what it all means yet. This case continues to be ongoing and we will see what happens in the next couple of weeks up and through early September.”

Samson declined to get into detail about the count in the case dealing with a referendum but simply said it does not affect the stadium.

“The fact of the matter is, from our standpint, there’s nothing in this complaint that would lead to a referendum for the baseball stadium,” Samson said.

But Braman’s attorneys believe that it does because the stadium is linked to the other Miami projects – at least on paper – because the $3 billion plan includes plans to use more property tax dollars meant for impoverished neighborhoods to pay off bonds on the performing arts center to free up hotel bed taxes that could be used for the ballpark.

Miami Mayor Manny Diaz, who did not attend the trial, also agrees with Samson. Even if Cohen rules a referendum is required, it would not apply to the stadium, he said. He said he remains as committed as ever to the ballpark project and the city, county and team will continue working on the project, even as the case makes its way through the legal system and any appeals Braman is expected to file.

“I believe we’re going to win on every legal issue here, because the law is very clear,” Diaz said. “We’re allowed to do everyting we’ve done.”

Diaz said in a “representative democracy,” voters get to choose their political leaders to make decisions.

“The last time I checked [Braman is] not the mayor of city of Miami, he’s not the mayor of Miami-Dade County,” Diaz said. “If he wants to run for office, then he should run for office.”

As always, stay tuned….

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Miami-Dade Circuit Judge Jeri Beth Cohen threw another curve in court today.

After showing the proceedings in two Florida Supreme Court hearings on video in the courtroom, Cohen said she’s decided to hold off on ruling on the referendum portion of auto dealer Norman Braman’s lawsuit, until the court rules in those cases. The two cases deal with the issue of using property tax dollars to pay off bonds on public projects long term without a public vote.

Cohen said she believes the “spirit” of the cases applies to the issue she’s considering in the Braman case: whether a public vote is required on the use of property tax dollars generated in Miami’s Community Redevelopment Agency districts – meant to improve impoverished neighborhoods -- to pay off bonds on Miami projects, including debt on the performing arts center.

The $515 million Marlins ballpark is tied to the $3 billion in Miami projects – at least on paper – because the financing plan for the projects says use of the property tax money will free up hotel bed tax dollars for the ballpark. Whether the ballpark financing would be up for a vote is up for debate, since it doesn’t rely on property tax dollars (other than $50 million in general obligation bond funding that was already the subject of a referendum). Braman wants the public to vote on all the projects.

It’s unclear when the Supreme Court may rule. It’s on recess until next month and isn’t expected to issue a ruling before Aug. 28. Three members will be off the court by January.

An impassioned and occasionally fiery Cohen told the court why she was delaying her ruling. She said without the Supreme Court’s decisions, the law is unclear. She said the court got itself into a “quagmire.”

“I know you’ve got to start building your stadium,” Cohen told attorneys for the Marlins, city and county. “I don’t know what the law is and neither do you.”

Cohen said she would not change her mind, but would write to the court to ask when it might rule. Cohen is up for re-election in late August – meaning it’s possible she could be out of office by the time the court rules.

Braman said he was pleased with Cohen’s decision to weigh the decision carefully. Team, city and county attorneys were annoyed and urged Cohen to rule.

“I think your obligation is to rule now and take your chances,” Marlins attorney Sandy Bohrer said. Bohrer said a delay “hurts my client but helps Mr. Braman.”

Marlins President David Samson wasn’t commenting today, but it’s possible he might say something if the case wraps up Wednesday. Cohen has scheduled closing arguments and may rule on whether the stadium serves a “paramount public purpose,” or is, as Braman alleges, use of public dollars to subsidize a private enterprise.

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Bring the popcorn! Miami-Dade Circuit Judge Jeri Beth Cohen is hosting a movie night. Of sorts.

In a move that even she called “unorthodox” Monday, Cohen will show the videos -- in the courtroom -- of the Florida Supreme Court hearing three cases related to one of the main arguments in auto dealer Norman Braman’s case against the Marlins, Miami and Miami-Dade County. Braman argues the public should vote on the financing for $3 billion worth of Miami projects, including a $515 million Marlins ballpark.

Cohen is “torn” because she said she believes the state Supreme Court’s ruling last September in Gregory Strand v. Escambia County, which challenged the county using property tax dollars to pay off bonds without a public vote, does apply in the Braman case. However, the court is re-hearing the case so the decision is not final.

Cohen said she watched the Supreme Court re-hearing Strand and two other related cases over the weekend.

“I wanted to see what was going on. It was very instructive,” Cohen said of watching the Strand arguments. “The bad news is it’s a mess. The good news is they are asking the same questions I am.”

Despite the objections of a city attorney, who said he didn’t think the videos would advance the case, Cohen said the video showing will go on after the team, city and county rest their case, expected on Tuesday. She said attorneys could watch on their own, but “I’m having a party and I’m inviting you … We have to do what I want to do,” she said. “You are going to accommodate me.”

Meanwhile, much of Monday was spent listening to the testimony of county witness Tony Villamil, president of Washington Economics Group, who had studied the potential sites for a Marlins ballpark in 2001, when John Henry owned the team. Villamil, who testified for more than six hours, studied Bicentennial Park, a site on the north side of the Miami River and a spot near Miami Arena.

Villamil testified about the amenity a ballpark provides for the community and its ability to spur economic development. He also said he believed if a new ballpark isn’t built, the Marlins will move from South Florida.

But Villamil’s credentials were called ino question by Braman attorney Bob Martinez, who wondered how Villamil could testify based on studies from 2001 and no analysis of the current stadium proposal.

“We know without a stadium we lose the Marlins,” Villamil said. “We know that.”

Even Cohen was not convinced. “We don’t know that,” she said. “…Major League Baseball controls that and it hasn’t been determined yet. It’s too early.”

Cohen and Martinez questioned how Villami could know what to expect, particularly if he hadn’t studied the most recent ballpark plan and had no idea if the Marlins will draw better in a new bllpark.

“How can they know their attendance is going to go up?” Cohen said. “How do we know that?”

Villamil said officials need to believe the Marlins – an idea that didn’t sit well with Cohen. She reminded the court that large companies, such as Bear Stearns, had suffered based on assumptions.

“I don’t mean to cross examine you,” Cohen said, “but I have a big decision to make.”

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More thoughts and tidbits from the Norman Braman trial targeting financing for the Marlins ballpark:

To vote or not to vote: Miami-Dade Circuit Judge Jeri Beth Cohen is clearly very thoughtfully weighing how to apply a Florida Supreme Court ruling from September that says if property taxes are used to pay off bonds on major public projects for more than a year, they are subject to a vote of the public. However, the ruling is being reconsidered and is not final. The court is on recess until late August.

Cohen made it very clear that she’s read the Strand v. Escambia County case and similar cases and is comfortable with her interpretation that the Miami-Dade County-city of Miami "scheme" to fund $3 billion in city projects, including a port tunnel, museum park and the ballpark, is subject to a referendum. But she said she's not sure how to apply it in this case. (She also took pains to ensure everyone understood she didn't mean "scheme" in a "sinister" way.)

The referendum question is the key argument remaining in Braman’s case – which was dealt a setback this week when Cohen dismissed two of the complaints dealing with bond financing. Braman believes the financing plan is a “shell game” because it expands Miami’s Community Redevelopment Agenies (CRA) to generate millions in property tax dollars meant for impoverished neighborhoods to pay debt on the performing arts center, thereby freeing up hotel bed tax dollars for the ballpark.

Attorneys for the county, city and team argued the Strand case does not apply because the CRA is not a taxing authority, the CRA dollars are not “pledged” to pay off the bonds, and the ruling isn’t final. Cohen said she understands those arguments, but believes Strand applies because the CRA dollars will be used to pay off bonds. The question for her is how to apply the ruling since it isn’t final.

By the way, Cohen called the proceedings “the trial of the month” because of the media attention they are receiving.

Polls and votes: A poll discussed in court and another released by Bendixen & Associates this week show county voters don’t support public funding for a ballpark. And clearly, team, city and county would prefer to avoid a public vote.

During his testimony this week, Marlins President David Samson said he believes the public supports a ballpark, based on the “hundreds and hundreds of emails,” he’s received from fans. Samson also said he supports “representative democracy,” meaning the people elect politicians to make decisions.

If Cohen does rule in favor of a referendum, it’s questionable whether it would apply to funding for the ballpark. If the county can prove there is no property tax money going to the ballpark other than the $50 million in general obligation bond funding, which was already approved by voters in 2004 – albeit for renovation of the Orange Bowl, not a ballpark – the funding likely wouldn’t be subject to referendum. Since the ballpark is linked – at least on paper – to the $3 billion in projects in the city-county plan, it’s unclear if the public must vote on it as well, with the other projects.

Samson and attendance: Braman attorney Bob Martinez made several attempts to embarrass Samson during his testimony Thursday, including bringing up the question of whether team owner Jeffrey Loria is still his stepfather. Samson said he is not because he divorced Samson’s mother several years ago.

“He was your stepfather?” Martinez asked.

Marlins attorney Sandy Bohrer objected: “Is he going to ask if he has brothers and sisters?”

Martinez later spent several minutes detailing the Marlins’ attendance and that of the Montreal Expos – the team Loria previously owned – pointing out that under Samson’s leadership the teams ranked between 26th and lowest in attendance among MLB’s 30 teams dating back to 2001.

“So your track record, whether you blame it on the stadium or whatever, your track record as president of a baseball team,” Martinez said, “that ballclub, its attendance has ranked at the very bottom whether it was in Miami or Montreal.”

Samson replied: “If you’re trying to say there’s some correlation, you are certainly entitled. It’s a free country.”

What’s next?: The trial resumes Monday with witnesses for the county testifying about the ballpark serving a "paramount public purpose" rather than using public dollars to bankroll a private enterprise, as Braman argues.

Depending how Cohen rules, the team, city and county are planning to proceed with negotiations to wrap up the language in the definitive construction management, assurance, non-relocation and other agreements that spell out the detailed terms for building the ballpark.

Under the Baseball Stadium Agreement approved in February, those documents were meant to come back to the city and county commissions by July 1, but were delayed because of the trial. County Commissioner Carlos Gimenez asked County Manager George Burgess on Thursday when the commissions would see them.

Burgess estimated in late August or September.

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Random thoughts and tidbits from the trial in the lawsuit filed by auto dealer Norman Braman against Miami-Dade County, the city of Miami and the Marlins over a plan to finance $3 billion worth of projects, including the Marlins' proposed $515 million ballpark:

First: if you haven't read my colleague Mike Berardino's notes from Tuesday's All-Star Game, read them here. MLB officials remain optimistic about the Marlins opening their new ballpark at the site of the Orange Bowl in 2011, but they are a tad concerned about the timing, particularly with the ongoing lawsuit.

What if: What will happen if the ballpark isn't ready in time for the 2011 season? Unclear. The team's lease expires after the 2010 season and Dolphin Stadium officials have previously said the team won't be kicked out if its new home isn't ready. Asked about this issue during the trial Wednesday, Miami-Dade County Manager George Burgess said "My assumption is they'd either renew their lease or it would be up to them and Major League Baseball to find an alternative place to play."

While much of the testimony has focused on the intricate details of bond financing, requirements for public referendums, "paramount public purpose," and ad valorem taxes, there have been some moments of levity.

Oscar v. Super Bowl: During his testimony about the economic benefits of a publicly-financed baseball stadium, University of South Florida economics professor Philip Porter compared stadiums to movie theaters to show that private enterprises don't deserve public dollars. Even though he has repeatedly disputed the economic benefits of Super Bowls and other large events, he acknowledges he is a sports fan who loved attending Super Bowl III at the Orange Bowl when he was growing up in Miami.

The movie theater comparison prompted Assistant County Attorney David Hope to ask Porter what was the last movie he saw in a theater. Practically stumped for an answer, Porter said, "Oh, I don't know...Ben-Hur." The answer elicited laughs from the courtroom.

Hope was questioning Porter about determining quality of life issues. He acknowledged that Ben-Hur, released in 1959, won an Academy Award and wondered which Porter received more enjoyment from - the movie or Super Bowl III? Porter said Super Bowl III.

"Ben-Hur won an Oscar and you still remember Super Bowl III," Hope said.

"It had nothing to do with public subsidies," Porter said.

Dueling cell phones: At one point Wednesday, a cell phone chirped -- a no-no in court. Burgess pointed out the culprit was his wife. Judge Jeri Beth Cohen gave Mrs. Burgess a pass.

She wasn't so lenient with Braman attorney Bob Martinez, whose phone cell phone also began ringing. "Mr. Martinez," Cohen admonished: "Mrs. Burgess's wife is not usually in court."

A red-faced Martinez chuckled about his Bob Marley-playing phone.

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After hours of intricate technical debate over public financing, Florida Supreme Court decisions, public referendums, the definition of “pledge” and whether the Miami Community Redevelopment Agency has taxing authority (really exciting stuff!), things got a little more spirited in the courtroom Monday afternoon.

When auto dealer Norman Braman -- plaintiff in the case against the financing for a Marlins ballpark and other Miami projects -- took the stand at the end of the first day of the trial in Miami-Dade Circuit Court, that’s when things got interesting.

Braman told the court he didn’t believe public tax dollars should be used to fund a private enterprise – and ballplayers’ salaries – without a vote of the public. He also raised an issue his attorneys had spent a lot of time questioning public officials about: the financial wherewithal of the Marlins. Too bad Judge Jeri Beth Cohen agreed with Marlins attorney Sandy Bohrer that the team’s finances were irrelevant to the case.

But not before Braman and his attorneys made their point about the team’s financial health.

“I’m opposed to the baseball stadium for a lot of reasons,” Braman said. “I know the Marlins do not have the financial capacity…”

But Braman was cut off by Bohrer, who repeatedly objected to questioning about the team’s finances and admitting into evidence a document Braman says he received from Marlins President David Samson in 2003. The Marlins were seeking local investors at the time and the document was said to include financial data about the team.

Braman attorney Bob Martinez said the document shows the team was $150 million in debt and had no equity. Braman later slipped in that he turned down the team’s request to invest because “I could not invest in a company that had $163 million…” but he was again cut off.

Martinez halted his questioning and team, county and city attorneys refused to cross-examine Braman.

After court ended for the day, Samson said he had "no recollection" of the document he is said to have shared with Braman. "There’s nothing to talk about. It’s not allowed in evidence. There’s just nothing to say," Samson said shaking his head over the court proceedings. "It’s just a lot of taxpayer money going to waste right now."

Other testimony during the day – shown via video -- focused on whether public officials had questioned the Marlins about their finances, ever asked to look at their books and if they knew why the Marlins need public money for a stadium.

“My understanding is they can’t afford it,” County Mayor Carlos Alvarez said, when asked why the team needed tax dollars for its proposed $515 million ballpark at the site of the Orange Bowl.

The trial resumes Tuesday morning with witnesses expected to include Miami-Dade County Manager George Burgess and perhaps Samson.

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Unless auto dealer Norman Braman has a giant change of heart, his lawsuit is going to trial Monday morning.

Miami-Dade Circuit Court Judge Jeri Beth Cohen ordered the parties into mediation talks Thursday afternoon to try to settle the case, in which Braman is suing the Marlins, Miami-Dade County and the city of Miami over a plan to fund $3 billion worth of Miami projects, including a ballpark.

But formal talks were stalled as of Friday. And on Saturday morning, Braman told a rally of supporters on Watson Island he won’t settle unless there’s a public vote on the city-county plan. (I was not at the rally, but spoke with someone who was). Fewer than 100 people attended the rally organized at Watson Island precisely because it’s one of the areas the city and county want included in an expanded Community Redevelopment Agency district (meant to include areas of “slum and blight”) to generate millions more in property tax dollars to help fund the city-county projects.

Braman has said he would drop his lawsuit if the public was allowed to vote on the financing for the $515 million ballpark and the other projects. He objects to funneling dollars meant to revitalize neighborhoods into paying off construction debt for the performing arts center. He wants voters to have a say.

The county, city and Marlins believe they can win the case – several rulings have stripped some key arguments from Braman’s case – and they don’t believe a referendum is necessary.

I’m told settlement talks had included a variety of options, such as projects that would improve neighborhoods, increasing the percentage the community would receive if the Marlins were sold and providing more public access to the ballpark to be built at the site of the Orange Bowl. Those ideas appear to be off the table.

More on Monday…

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The Miami courtroom was packed Thursday afternoon in anticipation of opening statements in the lawsuit filed by auto dealer Norman Braman that targets the financing for the Marlins ballpark.

But Miami-Dade Circuit Court Judge Jeri Beth Cohen surprised everyone by ordering the sides back into mediation – talks had taken place Tuesday and Wednesday without reaching agreement – to try to reach a settlement. She said the trial would resume Monday morning, meaning it’s possible a settlement could be close.

Braman has said he would drop his suit if the financing for the $515 million ballpark were put to a public vote. That’s not something the defendants – the Marlins, Miami-Dade County and city of Miami – will support. County Manager George Burgess, who was set to testify in the case Friday, said as much Thursday, when asked by a reporter if he’d agree to a referendum.

“Why?” was all Burgess said.

Both sides seem willing to continue talking, but they weren't revealing what a possible settlement might entail.

“If we could work out something that’s positive for the community, that’s been my objective from the very outset,” Braman said. “If it makes sense for the community and makes sense for everybody, I certainly have no objection to it.”

What Braman objects to, among other issues, is the way the city-county plan to fund $3 billion worth of projects by expanding Miami’s Community Redevelopment Agencies (CRA) to generate millions in special property tax dollars directs some of those tax dollars to pay down debt on the performing arts center. Those CRA dollars are meant to be used to revitalize areas deemed “slum and blight.”

The Marlins, county and city believe they can win the suit, but whoever loses is expected to appeal. And Braman could take the issue to the Florida Supreme Court.

The team hopes to break ground for the 37,000-seat ballpark at the site of the Orange Bowl in November. While the county could issue the bonds to pay for construction while the case is still in court, it’s not only unlikely, but who would buy those bonds? A delay is also expected to drive up the cost of the ballpark.

The Marlins' lease at Dolphin Stadium expires after the 2010 season.

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For those following the lawsuit filed by auto dealer Norman Braman that targets the financing of the ballpark and other Miami projects, you’ll have to wait another day for the trial to start. Miami-Dade Circuit Court Judge Jeri Beth Cohen delayed the trial’s start until Thursday afternoon – rather than Wednesday morning – to accommodate schedules.

For those keeping score, Cohen also made some rulings Monday that favor the defendants in the case -- the Marlins, Miami-Dade County and the city of Miami. She upheld rulings by original judge Pedro Echarte Jr. – who recused himself from the case last month – that prevent the Marlins from having to open their financial books and that Braman doesn’t have standing to challenge whether the city properly advertised the meeting in which city commissioners approved the concept of funding $3 billion of city projects.

Cohen also ruled Braman doesn't have standing to challenge the use of Community Redevelopment Agency dollars -- meant to improve areas designated as "slum and blight" -- to fund projects including a traffic tunnel to the Port of Miami and museums under the city-county plan to fund $3 billion worth of Miami projects. However, Braman will be allowed to argue that the concept should be put to a public referendum.

And among the arguments remaining in the case are whether the county can change the form of repayment of the bonds used to fund construction of the performing arts center and move the $50 million in general obligation bond dollars voters approved in 2004 to renovate the Orange Bowl to the ballpark project.

More on Thursday….

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The Marlins caught a break today when the new judge in the lawsuit filed by luxury auto dealer Norman Braman agreed to begin the trial next Wednesday, July 9.

The trial was supposed to begin today, but had to be postponed when Miami-Dade Circuit Court Judge Pedro Echarte Jr. recused himself Thursday and Judge Jeri Beth Cohen was assigned the case instead.

Cohen told the court Friday she might not be able to hear the case until September. The delay dismayed the defendants – the Marlins, Miami-Dade County and city of Miami – who are hoping to break ground for a new ballpark at the site of the Orange Bowl in November.

But Cohen said today she’d read through most of the case over the weekend, rearranged her schedule and agreed to hold the trial in July. She also will allow Braman’s attorneys to re-argue some of the motions Echarte denied.

After overseeing the case for months and ruling on several motions – for both the plaintiffs and defendants – Echarte recused himself last week at the request of Braman attorney Bob Martinez, who said in court papers that he discovered last week a distant familial relationship between him and Echarte.

The defendants called the timing of the recusal suspicious. Some believe Braman’s intent is to delay the project so long that it will drive up the project’s cost too much to build.

So the defendants were pleased the trial will begin next week.

“We want to go forward as quickly as we can and get these issues resolved,” said Scott Ponce, an attorney representing the Marlins. “There’s a lot of paperwork that needs to be done as far as architects doing their thing, stadiumd designers are doing their thing. And that process needs to keep getting funded and keep going forward while we’re waiting for this.”

Among issues discussed today were the number of witnesses both sides expect to call and how long the trial could take. Cohen called the list, which includes both the county and city mayors, the county manager, two city commissioners, city and county finance directors, and Marlins President David Samson, a “who’s who.”

Cohen said she expects the trial to “take July.” She urged the attorneys to “cancel your vacations.”

County attorney David Hope said he already had. “No Belize for me,” he said.

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We’ll have to wait until next week to learn the new start date for the trial in the lawsuit filed by auto dealer Norman Braman that targets the financing for the Marlins new ballpark among other items.

The case was reassigned to Miami-Dade Circuit Court Judge Jeri Beth Cohen Thursday after Circuit Court Judge Pedro Echarte Jr. recused himself at the request of Bob Martinez, one of Braman’s attorneys. Martinez said in court papers that he discovered this week that he has a distant familial relationship with Echarte.

In a status hearing Friday afternoon, Cohen said her calendar was likely full until September. The defendants -- Miami-Dade County, the city of Miami and the Marlins -- would prefer a trial be held sooner. Cohen has agreed to ask the chief judge about reassigning the case yet again. She promised to have an answer by Tuesday.

As always, stay tuned...

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With the trial in luxury auto dealer Norman Braman's lawsuit against Miami-Dade County, the city of Miami and the Marlins set to begin Tuesday, the timetable is in flux again.

At the request of Braman's attorney, Bob Martinez, Miami-Dade Circuit Court Judge Pedro Echarte Jr. recused himself Thursday from the case he has overseen for months, because Martinez said in court papers that he discovered Tuesday he had a distant familial relationship with Echarte. Echarte's mother is related to Martinez's sister-in-law.

Already hampered by the case, which targets the $3 billion downtown redevelopment megaplan that includes a Marlins ballpark at the site of the Orange Bowl, Marlins representatives were none too pleased with the timing of Thursday's decision. Braman has lost on a couple of points in the case in the past week, and Marlins President David Samson accused Braman of trying to deflect attention from a case he can't win.

Samson said he was “flabbergasted” at the timing of the request for the recusal.

“I just think it’s sad. It’s a waste of taxpayers money," Samson said. "It’s the desperate musings of a man who knew he couldn’t prevail."

The timing may seem unusual, but I'm told there's no way Braman's legal team would move forward if there were even an inkling there could be a conflict.

The case has been reassigned to Circuit Court Judge Jeri Beth Cohen, who is holding a status hearing in the case on Friday afternoon. Perhaps then we'll learn a new date for the trial.

“Miami-Dade County continues to be confident with its case and hopes the trial can continue moving forward in a timely fashion,” Miami-Dade County Mayor Carlos Alvarez said in a statement. “Important timelines and funding streams are attached to this package of critical public works projects which are designed to improve the quality of life of County residents. In the short-term, these projects can provide an important economic boost in an uncertain economy, and get jobs on the street when they are needed most.”

Samson says plans for the ballpark are proceeding on schedule. The Baseball Stadium Agreement approved in February specified that definitive agreements on specifics such as construction management and financing, must be in place by July 1. But the county, city and Marlins have agreed to wait until after the trial in the Braman case.

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Against the backdrop of the rubble that once was the Orange Bowl stadium, the Marlins made what they hope is viewed as their boldest statement of commitment to South Florida to date: the “official” signing of shortstop Hanley Ramirez to a long-term contract.

On a hot and dusty field across the street from the OB site in Little Havana -- the scoreboard is all that remains standing from the 70-year-old former home of the Dolphins and Hurricanes – the Marlins held a choreographed announcement Saturday that included politicians, Little Leaguers, Billy the Marlin and even members of the Manatees, the team’s burly men’s dance troupe.

Ramirez, who signed a six-year, $70 million contract, arrived on a bus and was greeted with cheers and the ding of a cowbell. Marlins officials said all the right things about making a commitment to the community because a new stadium “will” be built.

They insisted the out of character move was about signing a “special” player who will be part of the Miami Marlins – which will become the team’s new name when it moves to a new ballpark, the team hopes in 2011. They do not have any other long term contracts in the works at the moment, however.

They say it had nothing to do with appeasing some politicians who have been expressing reservations about the deal the city and county approved in February to fund a $515 million ballpark and $94 million parking garage. Final stadium documents need the approval by July 1 of two-thirds of Miami-Dade County Commissioners (nine if 13 members are present), rather than a simple majority.

“It has to do with signing a player we want to be here when we open the stadium and we will open a stadium here,” Marlins owner Jeffrey Loria said emphatically. “It has nothing to do with smoothing anything. We don’t run our business based on politics, we run our business based on the baseball department and our baseball people thinking what they think and making recommendations.”

But it was abundantly clear the Ramirez deal would not have come without a ballpark deal in hand.

“I think the stadium obviously changes the equation,” Loria said. “Clearly, the city have voted yes, the county has voted yes. And the leaders have made their statements and with the stadium coming on now, it does change the future. Clearly.”

The pols who did show – Miami Mayor Manny Diaz; City Commissioner Angel Gonzalez; City Manager Pete Hernandez; County Commission Chairman Bruno Barreiro; Hialeah Mayor Julio Robaina – are all supporters of the stadium.

“I think clearly this does show the ownership is investing in the future of this ballclub,” Diaz said. “This is as big an investment as I can remember in the years that they’ve been around. It’s a huge investment and it’s an investment premaced on the fact there’s a new stadium that’s going to be built here and that with those additional revenues they’re going to reinvest to get the kind of quality players that we need to bring another World Series trophy home.”

There’s plenty more work to be done to ensure a ballpark is actually built. A suit filed against the plan by luxury auto dealer Norman Braman, still looms. But team and city officials are optimistic about a November ground-breaking.

“I’m hoping the message, first of all, is we all know we’re here to stay with the stadium coming on board now,” Loria said. “But the message is we’re going to build this team to where I want to have it again. It’s a great bunch of players, and as I said a couple of times now, we’re going to evaluate this and the baseball people will bring me their recommendations and we’ll sit down with them.”

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Just in case you somehow thought there would be no more roadblocks to construction of a proposed $515 million ballpark for the Marlins at the site of the Orange Bowl, luxury auto dealer Norman Braman’s lawsuit is still alive and kicking.

Miami-Dade Circuit Court Judge Pedro Echarte Jr. dismissed on Thursday the claims that Miami-Dade County Manager George Burgess negotiated the ballpark deal in private in violation of the state's public records laws. But he let stand claims questioning the constitutionality of the financing and whether the ballpark “serves a paramount public purpose.”

The split decision allowed representatives of both the county and Braman to claim partial victory, but the key here is the case is scheduled to go to trial on July 1.

Attorneys for the county, who were pleased the judge dismissed the Sunshine law complaints, argued that having to negotiate a stadium deal - and similar agreements - in public would bring government to a standstill. They also argued that they followed the law – holding a public hearing - when choosing to move a $50 million general obligation bond voters approved in 2004 to renovate the Orange Bowl to the ballpark project. They also said the ballpark does serve a public purpose.

Braman’s attorneys argued that using public dollars for a private enterprise violates the state’s constitution.

Echarte agreed to let the bond issue and public purpose claims go to trial. His decision does not mean Braman will prevail, but his attorneys were pleased the case will go to trial.

“The Marlins are getting a business operation delivered to them on a silver platter for business purproses,” said Bob Martinez, an attorney for Braman. “[We’re] alleging violation of the constitution in the expenditure of approximately a half billion dollars for the benefit of a private party … I think the people are entitled to have that matter fleshed out and publicly in court.”

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The Marlins ballpark project has never been simple, but just when people start to believe there will be smooth sailing… well, welcome to Miami.

On Thursday, Miami City Commissioners took what was described as essentially a procedural vote amending the budget of the Omni Community Redevelopment Agency – raising the $1.43 million commitment to Miami-Dade County to pay down debt on the Performing Arts Center to $5 million in the coming year – into a debate about the ballpark and the rest of the $3 billion worth of projects in the city-county plan approved in December. They also raised concerns that Miami police are objecting to a plan to split patrols at the new ballpark between the city and county.

Although city officials took great pains to say the funding change wasn’t needed to pay for a ballpark, commissioners took the opportunity to lash out at the county and the projects in the city-county plan.

“We are not responsible for the debacle that is the Performing Arts Center. It’s not our fault cost overruns went up to $500 million, yet we say this is the jewel of the city,” said Commissioner Tomas Regalado, who opposes the city-county plan. “We have to take the building, the white elephant. Why should the residents of Miami pay for the mistakes the county makes?”

Commissioners Angel Gonzalez and Michelle Spence-Jones also complained about the county taking advantage of the city and both said they felt they’d been misled about the details of the city-county plan.

“Once again the city has to swallow whatever the county gives them,” Spence-Jones said. “I know people may be angry or upset [but] at the end of the day, my constituents elected me to make the right decision.”

But when it came time to vote on the budget amendment, both Gonzalez and Spence-Jones stepped away from the dais so the amendment passed 2-1 with Regalado dissenting.

The city’s vote came just days after several county commissioners expressed concern about the plan to finance a $515 million Marlins ballpark at the Orange Bowl, meaning there is likely to be significantly more debate before the project gets the go-ahead. The Baseball Stadium Agreement approved by city and county commissioners in February is binding – meaning there are financial penalties should the project not go forward -- but that hasn’t stopped commissioners from objecting to elements of the plan. Final management, construction and financing agreements must be approved by July 1, under the terms of the agreement.

Miami Mayor Manny Diaz, a ballpark proponent, said the city, county and team have agreed to build a ballpark and can do so without worrying whether a port tunnel, museum park and other projects are built.

“The baseball deal stands on its own,” Diaz said late Thursday. He said the city and county agreed to fund a variety of projects that have been discussed for years. “Our goal is to build a great urban core, but each of [the projects] have to be implemented individually.”

As always, stay tuned…

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Miami-Dade County Commissioners signed off on a plan Tuesday to split the police and fire patrols at a new Marlins ballpark between the county and city of Miami, but the heated debate could still spell trouble for a ballpark at the Orange Bowl.

Armando Aguilar, president of Miami’s Fraternal Order of Police, objected to the plan and several commissioners still have serious reservations about the financing for the $515 million ballpark and $94 million garage, which relies heavily on tourist taxes. Commissioners voted 7-3 for the security plan, with Commissioners Natacha Seijas, Javier Souto and Joe Martinez voting no and Commissioners Katy Sorenson, Rebeca Sosa and Carlos Gimenez absent at the time of the vote.

The security plan will be part of the ballpark management agreement, which along with the financing and construction agreements must be in place by July 1, under the terms of the Baseball Stadium Agreement approved in February.

Under the security plan, county police will patrol inside the venue while the city handles the surrounding area and the traffic. For eight city events at the venue each year, city police would patrol the venue; likewise, the county would handle the eight county events. Firefighters meanwhile will share responsibilities for each event with equal numbers of units from the city and county.

The city commission is expected to consider the plan at its meeting on Thursday.

But the security agreement stirred little reaction from commissioners, who instead took aim at the ballpark financing plan.

Martinez said he is particularly concerned that general fund revenue, rather than tourist taxes, will be put toward the ballpark under the city-county plan to fund $3 billion in projects, including a port tunnel, museums and the ballpark. The plan calls for the expansion of the city’s redevelopment agencies to generate more property tax dollars so tourist taxes can be used for other projects.

County Manager George Burgess insisted several times the ballpark is not contingent on expanding the redevelopment agencies and that the ballpark does not rely on general fund revenue, but that the additional property tax money will allow the county to fund other projects.

Souto, who opposes the city-county plan, called the whole project “fuzzy math.”

“The whole project is a beautiful project, if we have the monies, but we don’t have the monies,” Souto said.

Gimenez, too, opposes the baseball stadium agreement, over concerns the Marlins’ contribution has been reduced and the funding for infrastructure has not been determined. He and Martinez also expressed concern that there aren’t enough votes on the commission to move the project forward.

The agreement reached in February only required a majority vote of commissioners, but subsequent votes on the final agreements require a two-thirds vote of the commissioners present – or nine if all 13 commissioners are in attendance.

Meanwhile Burgess and Assistant County Manager Ray Baker are traveling to Washington, DC where they will take a tour of the Nationals just-opened ballpark on Wednesday. The Marlins are playing the Nationals Wednesday and Thursday.

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OK, it’s not much of an update, but it’s almost the deadline for an agreement on which police and fire departments will patrol a new Marlins ballpark. Among the items raised during last month’s seemingly endless Miami-Dade County Commission debate over the ballpark was whether county or city police and fire would patrol the venue.

County officials promised to resolve the contentious issue within 30 days – or risk derailing the plan to build a $515 million retractable roof ballpark at the site of the Orange Bowl.

On Tuesday, county commissioners extended the deadline for the law enforcement issue to be resolved until April 8 – the next scheduled meeting of county commissioners. I’m being told the issue of which jurisdiction will win the coveted patrol – more than likely it will be a blended patrol – will be resolved and will not prevent the ballpark agreement from moving forward.

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Miami-Dade County Commissioner Javier D. Souto, who ceremoniously ripped up his copy of the Marlins Baseball Stadium Agreement during the meeting last month in which his fellow commissioners approved the deal, commissioned a poll that shows voters overwhelmingly oppose funding a ballpark.

Surprise. No, not really.

“It’s very consistent with public opposition to using public money for baseball stadiums,” said Dario Moreno, director of FIU’s Metropolitan Center, who conducted the survey.

Among questions posed about the economy, county services and job security, the poll also asked voters about their support for a ballpark, a port tunnel and a museum park. The poll of 842 registered voters in four districts in western Miami-Dade County showed more people support the ballpark than the tunnel or museum park.

While 24.9 percent support the tunnel and 24.7 percent support the museum park, 29 percent said they support a publicly funded ballpark at the site of the Orange Bowl. Another 60.9 percent oppose the stadium.

Souto, who spent $16,000 on the telephone survey, plans to post the results on his Web site, said his senior assistant Bernardo Escobar.

Meanwhile, county commissioners approved a resolution Tuesday requiring that county police and fire officials patrol county-owned venues - except where contracts with other jurisdictions already exist - meaning that the commission wants county officials guarding a new Marlins ballpark. Miami City Commissioners want city officials patrolling the new baseball venue. The sides must come up with a solution in the next two and a half weeks.

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Random thoughts in the wake of the approvals to build a $515 million ballpark for the Marlins and a $94 million parking garage at the site of the Orange Bowl:

+ Yes, there are still lots of questions to be answered. Among them: How much will the infrastructure – road improvements, utility costs, etc… -- cost and how will it be paid for? Which police force – city of Miami or Miami-Dade County – will patrol the county-owned venue? How much will it cost to make the building environmentally friendly? Why is the team only securing a $20 million line of credit for cost overruns? Will Norman Braman’s lawsuit derail or significantly delay the project?

+ Will a group of people that spent more than seven hours debating the binding agreement really be able to approve future agreements that spell out how the ballpark will be financed, who will oversee the construction and a host of other issues?

+ Miami Commissioners made the process look easy – spending fewer than three hours on the topic. Was it really necessary for Miami-Dade Commissioners to spend more than seven hours on this? I know it’s politics and everyone wants his say, but even if each of the dozen commissioners in attendance has 15 minutes each on the topic, that’s still only three hours of debate. Maybe I’ve just been to too many of these meetings.

+ Major League Baseball won’t contribute to the building of a ballpark for the Marlins, but it should be considered significant that the industry has made a commitment – which could be the first of many -- to helping offset the cost of making the venue environmentally friendly.

MLB President Bob DuPuy told city and county commissioners the Marlins ballpark would be the sport’s first “Leadership in Energy and Environmental Design” project, and that it would match up to $1 million during the next two years to help achieve that goal.

DuPuy also promised to continue discussions to create a youth b