WEEK OF THURSDAY, JANUARY 28, 2016
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OUTLOOK 2016
Film industry flickers, but new city studio stars, pg. 13 VISION FOR VIRGINIA KEY: The fate of Virginia Key, which connects Key Biscayne to the mainland, will be guided by a new 13member Virginia Beach Advisory Board to recommend to the city commission about the mission, vision, business plan, governance and operation of the island and basin and the Virginia Key 2010 Master Plan. The board is to consider the best business model for the Miami Marine Stadium to enrich the community in arts, recreation, culture, sports and education while generating a profit to function like an enterprise fund that won’t tap the city’s operating budget. The board is also to consider the planning, maintenance and operation of Virginia Key “in terms of the kinds of open spaces, events, shows, features, goals, objectives and promotions that are consistent with the 2010 Master Plan,” according to legislation the city commission approved.
Healthy Miami economy now faces global unknowns, pg. 15
THE ACHIEVER
BY JOHN CHARLES ROBBINS
ENERGY EFFICIENCY FOR ALL: County commissioners gave initial approval last week to legislation that would make the Property Assessment Clean Energy (PACE) program available to property owners in unincorporated Miami-Dade. PACE is a voluntary program available to a number of communities here as well as many cities across the country, providing municipal government financing to participating homeowners for energy-efficiency upgrades or renewable energy installations such as solar panels and improved insulation. Homeowners are then assessed annually through their property tax bills for the improvements. Should the ordinance pass committee and then the full commission, incorporated areas also could take advantage of the PACE program through agreements with the county, according to Jose “Pepe” Diaz, who sponsored the legislation. PINPOINTING VULNERABLE AREAS: The Miami-Dade County Commission is supporting a pilot program to identify areas most threatened by rising seas. The Sea Level Rise Task Force recommended studying the feasibility of designating climate change adaptation action areas. As a result, an administration study concluded that the best approach was to begin with a pilot program to pinpoint the most vulnerable areas. The program will designate adaptation action areas based on vulnerability to climate change and use the information to produce solutions that can account for multiple issues at once. Such designation might help win grants to fund options to adapt to sea level changes.
Maureen Gragg
Photo by Marlene Quaroni
Leads Funding Arts Network team to aid 21 programs The profile is on Page 4
Drumbeat builds to tap expressways to fund rail BY CATHERINE LACKNER
State Sen. Anitere Flores has backed a plan to strip 25% of Miami-Dade Expressway Authority revenues and some funds from auto tag renewals and redirect it all to public transportation. County Commissioner Xavier Suarez proposed the idea last month. “This plan provides for meaningful strides in methods of funding many crucial transportation projects across Miami-Dade County,” she wrote to Dennis Moss, chair of the Metropolitan Planning Organization’s Transit Solutions Committee. She urged Mr. Moss to support a bill now in the legislature that would redirect the money. Mr. Suarez said last month that his plan would fund $1.2 billion in bonds. Of the $167 million county residents pay to renew auto tags yearly, $50 million goes into a transportation trust, Mr. Suarez conceded, but he said this week he thinks there is still enough in the auto-tag program to add rapid transit funds. Mr. Suarez borrowed part of his plan from one by State Rep. Kionne McGhee:
AGENDA
City probes late start on trolley lines
use expressway authority money in four troubled transportation corridors: Northwest 27th Avenue, US 1 from Dadeland to South Dade, Baylink from Miami to Miami Beach, and east-west parallel to State Road 836 from Southwest 137th Avenue to the Miami Intermodal Center. “The numbers are simple,” Mr. Suarez has said. The expressway authority now collects $20 million monthly, or $240 million per year, in tolls, he said. Its debt service is $92 million and reserves are ample, he added. “For the past three months we have collected close to $20 million in tolls, exceeding our expectations by 5.5%,” Javier Rodriguez, expressway authority executive director, said last month. “But to assume we will collect $240 million per year is not accurate. If we had that kind of money lying around, we wouldn’t have to raise tolls. I have to object to a flat fee, or a percentage. I more support the idea of identifying projects, and the cost of projects, and seeing where MDX can participate on a capital basis...” He said the authority has partnered in every major capital transportation project for 20 years. “Of the $1.6 billion MDX has
in debt, $500 million has gone to partnerships. MDX is always at the table, and my position goes beyond being its executive director, to my commitment to the community.” At Tuesday’s meeting of the planning organization’s Fiscal Priorities Committee, Mr. Suarez said consensus had “pretty much been achieved” that light rail, rather than buses, is the way to go, especially along US 1 south of Dadeland. “The South Dade Busway is perfect. You’ve already got the right-of-way, and if you put everything at grade, the numbers are quite doable.” He conceded that even if the plan goes off without a hitch, the county will still be $2 billion short of solutions for all four links. “Do you have a Plan B?” asked County Commissioner Daniella Levine Cava, the committee chair. “We could take 1% or 2% out of our general operating budget,” Mr. Suarez said. “I have also not mentioned federal funding.” There is $200 billion available in federal New Starts funding, he said. “We could get a heck of a start with that.”
Miami commissioners demand to know why a plan to launch three trolley routes stalled. Commissioner Francis Suarez also wants to know why a directive to operate the Coral Way trolley until 11 p.m. wasn’t followed. In May 2015 the commission directed the launch of routes in Little Havana, Wynwood and Coconut Grove within six months. What began as a routine inquiry on the expansion Jan. 14 ended with commissioners shaking their heads in frustration. Mr. Suarez said, “We approved an expansion, a doubling of the trolley program months ago, and I’d just like a status update on that. Because that was a very hard-fought – for the community – expansion, and one that I hope will be deliverable for this year, as a transit expansion… it better be.” “This year?” said Commissioner Frank Carollo. “No, within the next few months.” “Sure, within the next few days as far as I’m concerned,” said Mr. Suarez. “And I think there are ways we can expedite that process, if it’s an issue of purchasing trolleys, or anything of that nature. I feel like we haven’t done much since we went through that fight… the administration hasn’t done anything since we approved those three lines.” Jeovanny Rodriguez, capital improvements and transportation director, said: “We’re working with the procurement department now, commissioner, to order the trolleys… that’s going to take – it’s at least an eight-month process … to be able to get those. With the current fleet that we do have we talked about maybe expanding operations into the new areas, maybe on the weekends–.” Mr. Suarez interrupted, telling Mr. Rodriguez to report fully today (1/28). “This is going to blow up.” He strongly advised Mr. Rodriguez to call the trolley vendor immediately to get them rolling “right away.”
RESIDENTS OR INVESTORS? CONDO LINE IS FUZZIER ...
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CITY SEEKS EATERY IN NEGLECTED PARK ON RIVER ...
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VIEWPOINT: CLING FAST TO VITAL PORT MIAMI SITE ...
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DOWNTOWN MARKETING DRIVE TO SELL BAYWALK ...
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FASHION ICON EXPANDS PLANS FOR COUNTY LAND...
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CITY SEEKS 25-FOOT-WIDE BAYWALK UNDER BRIDGE ...
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DACRA-RELATED FIRM PLANS EYE-STOPPER PROJECT ...
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TENNIS APPEAL ALLEGES COURT USED FEUDAL LAW ...
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TODAY’S NEWS
WEEK OF THURSDAY, JANUARY 28, 2016
MIAMI TODAY
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Residents or investors? Condo line gets fuzzier BY MARILYN BOWDEN
Miami’s condo market continues to be a strong magnet for international investment, but many brokers say the line between residents and investors may now be fuzzier than ever. Christian Kawas, director of luxury sales at Douglas Elliman, says condo buyers today fit into one of three categories that are about equally populated. “From what I see and what I’m hearing from developers,� he says, “about a third are buying for their own use as a permanent residence, a third for a second home and a third as an investment to rent out. “Over the past two years rental inventory had been extremely low, so this is a very sought-after alternative.� That three-way split applies to the Greater Miami market as a whole, Mr. Kawas says; specific areas vary widely. Investors are much more prevalent in downtown, Brickell and Miami Beach, he says, “but if you go to Doral or Coral Gables or Coconut Grove there’s a much higher percentage of end-users – probably more like 60% endusers and 20% for each of the other categories.�
Investors, Mr. Kawas says, can be further broken down into several different types. “Some,� he says, “are buying in the lower to midrange price point – under $1 million – and are looking for a return of 5% to 7% or 8%. Then there are highend buyers who are looking for more upside and capital preservation; they are happy with a lower return.� A third trend that is gaining momentum, Mr. Kawas says, is “a marriage between second homes and investment. For example, 60% of units at 6080 Collins Ave., which launched in August, are reserved, most of them by investors. “There’s a very high demand for properties with very liberal rental policies that will allow them to use it for a couple of months as a vacation home and then rent it out the rest of the year.� Edgardo Defortuna, president of Fortune International Realty, says the trend for foreign investors to live in their units part of the year is particularly strong in Miami Beach, where he estimates about 65% of condos are owned by buyers from other countries. “They will spend two or three months here,� he says, “or the
Photo by Marlene Quaroni
In Miami Beach, says Edgardo Defortuna, about 65% of condos are owned by buyers from other nations.
family will move here while the man of the house moves back and forth. This is happening much more, especially with investors from countries such as Venezuela and Brazil.� As much as 85% of buyers of new product in the central business district and along the Biscayne corridor are investors, Mr. Defortuna says, and will likely put their units on the rental market. “Doral, which is heavily populated by Venezuelans, is an exception,� he says. “Most plan to stay here if they can figure out a way to become permanent residents.� ISG principal Craig Studnicky calculates that countywide the ratio of absentee to permanent
condo owners is about 40/60. “It was higher 10 years ago,� he says, “but many now have their green cards and live here permanently or are early retirees from the New York area.� While Brickell buyers are almost exclusively from South or Central America, Mr. Studnicky says, “moving north to Aventura and Sunny Isles there’s a bigger mix of people from the Northeast.� Miami sees two annual influxes of snowbirds, he says – “those from the Northeast, who are here now, and South Americans who come here to escape their winter in June, July and August. So none of these buildings is ever fully occupied.�
EWM’s David Siddons cautions against too much generalization. While he says his impression is that the downtownBrickell market where he is active is about 80% either snowbirds or investors renting their units out, “that said, a number of buildings such as The Palace, Santa Maria or buildings on Brickell Key are not anywhere near that. They are familyfriendly buildings that attract primary residents.� Like many other brokers, Mr. Siddons says, he is seeing more clients in the past three years who initially planned to live in their unit for only a couple of months a year but “end up using it a lot more than they ever anticipated.�
Ross Report on Real Estate by Audrey Ross HNWI Millennial Buyers Seek Green Homes HNWI Millennial luxury market buyers seek green homes in greater numbers than any previous generation. Born between 1980 and 2000, these emerging tastemakers, enjoying new found wealth, both inherited and earned, are putting money into real estate. Developers are taking QRWH DV WKH\ UHGHĂ€QH OX[XU\ standards. For this generation, “greenâ€? is equated with high WHFK HIĂ€FLHQF\ DQG LQWHOOLJHQW design. For developers, design is about making a conscious lifestyle easier to implement IRU WKH HIĂ€FLHQF\ REVHVVHG millennials. Millennials
want
appliances, sustainable buildLQJ PDWHULDOV HQHUJ\ HIĂ€cient LED lighting, and smart homes that can be customized to individual preferences and lifestyles. They represent the most environmentally conscious generation to come of age yet. These pragmatic, problem solvers and native technology users expect homes to incorporate the best LQ GHVLJQ DQG HIĂ€FLHQF\
Today luxury does not necHVVDULO\ PHDQ RSXOHQFH HIĂ€ciency, technology, and stateof-the-art design tailored to PHHW LQGLYLGXDO QHHGV GHĂ€QH the new luxury standards. high-end “Greenâ€? is recognized as an in-
tegral part of high-end design. Today’s millennial luxury market buyers show up to house hunting appointments sporting Manolo Blahniks, with iPhones in hand, inquiring as to whether or not the properW\ LV /(' FHUWLÀHG DQG WKH\ know exactly what that means. In the 21st Century, sustainDELOLW\ KDV EHFRPH D GHÀQLQJ characteristic of luxury. For professional advice on all aspects of buying or selling real estate, please contact me at aross@miamirealestate.com or 305-960-2575, or come by WKH RIÀFH DW $OKDPEUD Circle, 9th Floor, in Coral Gables.
www.miamirealestate.com
SAVE THE DATES Business Development Mission to China and Taiwan April 11-23, 2016 The Economic Development & International Trade Unit, Department of Regulatory & Economic Resources, Miami-Dade County cordially invite interested companies to join its Business Development Mission to Shanghai, Hangzhou, Guangzhou, People’s Republic of China (PRC) and Taipei, The Republic of China (Taiwan), from April 11-23, 2016. Mission participants will have ample networking opportunities with Chinese and Taiwanese businesses and particLSDWH LQ RQH WR RQH EXVLQHVV PDWFKPDNLQJ PHHWLQJV EULHÀ QJV EUDQGLQJ SUH sentations, visit the Hangzhou Economic & Technology Development Zone and Hangzhou High-Tech Development Zone (home of Alibaba.com), participate in the 119th Canton Fair - China’s Import & Export Fair and join Enterprise Florida’s Export Sales Mission to Taiwan (optional).
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Corporate sponsorship for mission activities are available. For additional details about mission participation costs, please contact: Desmond Alufohai, CGBP International Trade Coordinator, Economic Development & International Unit Department of Regulatory & Economic Resources, Miami-Dade County E-Mail: alufoha@miamidade.gov; Tel: (305) 375-1254; (305) 375 3526; www.miamidade.gov/oedit A not-for-profit organization supported by philanthropy and committed to our faith-based charitable mission of medical excellence
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MIAMI TODAY
VIEWPOINT
WEEK OF THURSDAY, JANUARY 28, 2016
MIAMITODAY Miami Today is an independent voice of the community, published weekly at 2000 S. Dixie Highway, Suite 100, Miami, Florida 33133. Telephone (305) 358-2663
A port in a storm: cling tightly to PortMiami’s vital land Mayor Carlos Gimenez injected reason into hot debate over the southwest corner of PortMiami by recommending that commissioners sink any plans to develop the site until the port figures Michael Lewis out its future needs and those of its users. The mostly-bare 36 acres have been a magnet for proposers of unsolicited projects ranging from a soccer stadium to a mixed-use convention site, hotel, shops, restaurants and yacht marina. Each proposal comes with commission advocates attached. The mayor’s call to put an anchor on development underscores several vital factors. First, as he noted in talking with Miami Today, the port may be about to undergo a sea change when the enlarged Panama Canal belatedly opens. The county has spent heavily to dredge the port’s channel deeper to handle larger ships that the canal can soon serve, and the port is already welcoming larger
freighters with heavier loads than it could before. How much more freight will come is a mystery. Until the Panama Canal piñata breaks opened, who knows what we’ll get and what added facilities the port might need to maximize the business? Frankly, we may be betting too heavily on the Panama Canal as a bonanza for Miami business and for sea trade in general. The powerful engine of China’s economy is slowing its growth – though make no mistake: it is still growing. But we have placed our bets, buying massive gantry cranes from China for the port to handle the larger loads we expect, building new port tunnels for trucks and dredging the main channel deeper. Our money is on the table already. Just before the canal actually opens is no time to say that the strategy has failed and to flail instead for other avenues of port use. Give our strategy a chance to win. A second factor in the mayor’s goslow policy is that the port now is doing well economically. When the county five years ago planned port uses, including the nowfallow land, it was struggling to pay debts. But between 2010 and 2013 port revenue soared 31% while costs rose far more slowly, and today the port is in
L ETTERS
the chips. No need to rock the boat to net money from non-essential uses. A third element is also in play: the county got the port land from the City of Miami with the provision that if the land isn’t used for port purposes the city gets it back. City and county attorneys have met on what uses qualify and haven’t found common ground. The county shouldn’t be looking to test the issue in court unless absolutely necessary, and several proposed uses of the 36 acres would mire the county in legal quicksand. No need. Fourth, the impact of vital needs of port users could far outweigh projects that outsiders seek on the 36 acres. Is rail space adequate for cargo? How about storage areas? Some cruise lines already seek docks we now don’t have, and larger new cruise ships might bring even more opportunities. Could the vacant port land house present offices and storage to open the port’s deep-water areas for cruise and cargo expansions? Commissioner Rebeca Sosa in October brought a vote to survey port users on their future needs before committing the vacant land, but her measure narrowly failed. Mayor Gimenez is right: wait until needs are clearer. A fifth element is Cuba. Some observers tie ferries to Cuba to use of the
TO THE
E DITOR
City of Miami’s trolleys uncomfortable, unreliable I ride the bus from Key Biscayne to Brickell Station, connecting to the Flagler Street / Downtown trolley to PortMiami. To and from the port adds up to about 300 trips a year for each – the MiamiDade bus and City of Miami Trolley. And I have some hard comments to make on the points in your editorial. 1. The trolleys are “buckboards” (no springs at all), absolutely the worst – “the ride from hell.” I have to take the trolley to get to the port. 2. Since they are free and in direct competition with Miami-Dade Transit, they divert badly needed funds from the Miami-Dade fare-based system. The latest figure I read was 6% to 8%, or half of the downward plunge. They are causing considerable congestion in the Brickell area, too, including Mary Brickell Village and stacked-stops at the Metrorail station. 3. An example of the schedule diversionary effect is that Metro-Dade Transit has pulled out its service to the port (forced out is a better way to put it). On top of it, the on-time reliability for the trolley is just terrible to and from work... forget every 15-20 minutes. 4. The trolleys are no longer “cute.” They’ve become mobile billboards. Blame the City of Miami for selling out the “cuteness” – to exploiting it as a commercial enterprise. 5. Time to bring back Miami-Dade bus service to the port. It’s badly needed for 900 cruise employees and crew, as well as those of 30,000 cruise passengers (on a peak weekend) who want to use reliable bus service – not standing room only on a shake-rattle-and-roll “buckboard.” After all, isn’t the port called our “Number 2 Economic Engine”?
port land. That brings into play the foreign policy of a county that usually does everything possible to insulate us from the brothers Castro. Under the US Constitution foreign policy belongs to Washington, but any structure on the port that could link to Cuba is controversial – though airport planes fly regularly to Havana. Mention of Cuba muddies the waters for rational port decision-making. For all these reasons, Mayor Gimenez is wise to seek a go-very-slow policy. But the final call is the county commission’s. Several commissioners want to go ahead and give the land to one firm or another to do one project or another regardless of the best use of public land for port purposes. Hard as we try, though, we can’t find a single good reason to turn to outside developers today. As we suggested in October about the position the mayor has now taken, figure out what we need before the county gets rid of the land. In talking of port leases Commissioner Xavier Suarez has also made the point well: once port land is gone, it’s gone. If we make the wrong choice about future port needs we don’t get to take it back and try again. Until needs are clearer, cling tightly to that potentially vital corner.
and hotel suites for Hollywood’s major players. DC Copeland
I-395 bridge a showcase I’m in favor of the I-395 Bridge with maybe small modifications. It will be a showcase for the City of Miami and Miami-Dade County, will improve traffic mobility, pedestrians, open safety spaces and parking, and also will improve the 836 eastbound connections. If the Florida Department of Transportation has already allocated the funds for this great project, iron out some details, because they might change this project for another in other area of FDOT District 6. Jose Pepe Cancio Photo by Maxine Usdan
Reader says the city’s Miami Trolleys can’t be cute when they’re covered in advertising.
6. And for some reason, the City of Miami Trolley doesn’t stop at all cruise terminals, only about half, along with “The World Trade Center” and Royal Caribbean Cruise Line headquarters buildings 1080 and 1050. Also, there’s no trolley service on Sunday, when the port is full of ships and staff needs to get to work (tisk, tisk). Sometimes, I ride the Coral Gables trolley. Surprisingly, it’s a much better design with actual springs. A far more comfortable ride. Very good reliability, too. Ed Meyer
Larger buses a great idea The jumbo transit buses are an excellent idea. They make traveling by bus more worthwhile and comfortable. I had stopped riding the buses because of the way people were herding into them like cattle. I started calling them “cattle-haulers” because they were so crammed at busy times of day you could not get on them. And if you were
Questioning bridge funds
lucky enough to get on one during the Francis Suarez is setting a new bar rush hours then it was “good-luck” for our elected officials to rise up to. trying to fight your way off of them. Keep it up and thank you. The service was awful and pathetic. Skip Van Cel These new jumbo buses provide more room and now everyone can spread out. Good job, Transit Authority, please continue to bring Miami-Dade Transit into the 21st century. miamitodaynews.com FOUNDED JUNE 2, 1983 Elliot Adams VOLUME XXXIII No. 36
MIAMITODAY
Film and TV incentives vital for new film studio I wish Rodolfo Paiz the best, because he is going to need it. I hope after he builds it, they will come. From all over the world. But unless the state reinstates its film and TV tax incentives, it is very unlikely, since studios like his already exist all over the world, including Wilmington, NC, which has soundstages rivaling Hollywood’s. Hopefully part of his business model includes free office space
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MIAMITODAY A Singular Voice in an Evolving City
WEEK OF THURSDAY, JANUARY 28, 2016
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Outlook 2016
Downtown housing, retail strong, little new office space BY CATHERINE LACKNER
Downtown Miami’s residential and retail markets look strong for 2016, but don’t expect any added office space, observers say. “The office market has tightened,” said Jeff Morris, JLL managing director of the Capital Markets Group. “Downtown rents don’t support new construction,” because land and construction costs are so high, and a developer must be able to command rents north of $60 per square foot to justify the expense of building. “It’s a big proposition, a lot of money and a lot of risk.” Brickell City Centre, where two buildings will be delivered this year – one of which is almost fully leased – is the exception and took many years ago to conceive and build, Mr. Morris said. The next office phase won’t be delivered until 2020 or later, he added. Two or three buildings will change hands during the year, he predicts. “There are only a handful of large opportunities every year. City Centre is a big thing for downtown, and condo starts have slowed. Developers are going to take a breath and see how existing inventory will
One of the highlights in downtown will be the opening of two buildings in Swire’s Brickell City Centre.
be absorbed. Rents will continue to go up.” But the news isn’t all bad. After New York, Boston and Washington, DC, on the East Coast and Los Angeles and San Francisco on the West Coast, Miami is the country’s most in-demand office market, he said. “Miami is
where everyone wants to be. But construction is a long process, so there won’t be anything new downtown this year that’s not under construction right now.” On the retail front, things look brighter, said Anthony M. Graziano, senior managing director of Integra Realty Re-
sources Inc. In a presentation to Miami’s Downtown Development Authority Jan. 15, he said 30% of tourists to Miami visit downtown every year, and that should increase when SkyRise Miami is built. The 1,000-foot tower, which is to rise next to Bayside Mar-
ketplace, will offer entertainment and dining venues, observation galleries and extreme activities such as controlled bungee jumps from 486 and 590 feet. Its developer says the attraction will bring in 3.2 million visitors per year. SkyRise might even prove to be a draw with locals, as it’s being touted as “the Eiffel Tower of Miami.” “When you have events downtown, that tends to get the locals comfortable with coming here.” And those visitors spend, Mr. Graziano said. While he conceded that the need for new office space is crucial, downtown’s residential towers are filling, which keeps demand for retail strong. “The drivers are very good,” he said. “After years of planning, the pieces are finally coming together to create a livable and sustainable urban core,” said Alyce Robertson, the downtown authority’s executive director. “No longer is Miami simply known as a place for surf and sun, but rather a cultural and economic epicenter for the world. This trend should continue as new product delivers, global retail and hotel brands claim their stake in our market and major infrastructure projects come to fruition.”
Area’s film industry flickers, film studio’s presence stars BY CATHERINE LACKNER
While the future of the state’s film incentive program is in question, the outlook for EUE/Screen Gems Miami is sunny, said Pieter Bockweg, executive director of the Omni/Midtown Community Redevelopment Agency, the studio’s owner. “Our facility is fully operational and Viacom International has signed a long-term lease,” Mr. Bockweg said. The international film and television production company moved into the studio in November and occupies its entirety, he added. The initial lease is for three years with opportunities for extensions, he added. There was a need for a film studio, which the agency fulfilled, he said. “The film and entertainment industry in Miami has always been very good and there has always been very strong demand,” Mr. Bockweg said. That being acknowledged, the entertainment industry has made no secret that it favors filming in states with aggressive, wellfunded and secure incentive or rebate programs. Florida’s film incentive program – begun in 2010 and depleted of funds at this point – will sunset, or end, this year unless it is revived. “We have been very active, going
In Miami studios, “Nickelodeon will make its first global series based on its “Yo Soy Franky” success.
to Tallahassee to find ways to extend it,” Mr. Bockweg said. “We have to find a way to do it, because it benefits the industry and creates a vast number of jobs.” After three consecutive years of setbacks, the Film Florida advocacy organization last fall announced a new format it would present to the legislature. The Entertainment Industry Targeted Rebate and Revolving Loan Program rolls back a 20% base tax credit program into a 15% cash rebate base, cuts in half the maximum rebate per project from $8 million to $4 million, suggests a
rating system for projects, and creates a revolving loan program that is meant to eventually become self-sufficient, said Michelle Hillery, the group’s president. It’s hoped that this will demonstrate return on investment to legislators, who have not been swayed by numerous studies showing that every dollar in incentives returns $5 to the state and communities in salaries and goods purchased to support productions. “I am a huge proponent of making sure there is return on
investment,” Mr. Bockweg said. “The obstacle that is being created is how that return on investment is being measured. Everybody has to come together and measure that return on a consistent basis.” Some legislators have said productions aren’t showing enough return because they don’t contribute enough taxes. But most observers say the benefits go far beyond that simple measure. “They create auxiliary spending and employment in the area; that’s one reason we built the studio,” Mr. Bockweg said. “But
government should not do it alone. The private sector needs to be a part of that, too.” Meanwhile, Nickelodeon announced Jan. 20 that “I Am Frankie,” originally produced as “Yo Soy Franky,” will be its first new global series to be produced at the Miami studios. Created by Argentine writer Marcela Citterio, “I Am Frankie” is the story of an experimental android who navigates the perils and wonders of being a teenager. Frankie looks like any other girl but functions like the newest computer, complete with Internet access, extensive memory and a hard disk, according to a Viacom release. “Frankie goes to school and no one but the members of her family know her secret. She adapts to the real world quite well, despite having no feelings or emotions, but all that changes when she begins to experience family life, make friends and have a boyfriend. Her biggest challenge will be to fall in love without her operating system malfunctioning” Production is to begin in the second half of 2016. Nickelodeon has ordered 20 30-minute episodes to be distributed to Nickelodeon’s global network spanning 160 countries and territories, the release said.
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OUTLOOK 2016
MIAMI TODAY
WEEK OF THURSDAY, JANUARY 28, 2016
Quick transportation fixes blended with long-term upgrades BY CATHERINE LACKNER
While some transportation projects seem to take an agonizingly long time, several on the horizon could provide relief sooner, observers say. Mitch Bierman, a partner in the law firm Weiss Serota Helfman Cole & Bierman, hailed a significant upgrade to MiamiDade County’s transit system as real progress. The technology will send realtime data about buses and rail operations to an operations center and to the public, said Mr. Bierman, who chairs the Greater Miami Chamber of Commerce’s Transportation & Infrastructure Committee. “This allows passengers to predict when the bus will arrive at the Metrorail station,” he said. The system also transmits a great deal of information to the transit agency, including maintenance records, how much money a particular cash box is carrying and so on, he explained. Better signalization on the major arterial roads, also slated for this year, should make traffic move more efficiently, he added. “What I’d like to see happen is us coming closer to providing bus rapid transit dedicated lanes,” Mr. Bierman said. “The buses could move with the speed of a rail system, much faster than traffic, which is extremely important in attracting riders to transit. People who have a choice are not going to use transit unless it’s faster than their own car. “My own personal hope is to see Baylink get off the ground, which I think will happen,” he said, referring to the link between Miami and Miami Beach. The latter city is soliciting for a private partner that will build the system, provide the rolling cars, finance and operate it, he said, then recoup its investment over time. “I’m very hopeful that it will work,” he said. “Our agencies have expertise in buses and Metrorail, but when you look at a lot of modern systems, they’re often operated by their builders. It shifts the risk of non-performance to the vendor, who risks contract penalties. It’s a very
All Aboard Florida’s Brightline service that is to run from Miami to Orlando is called a game-changer for business users and for area visitors.
‘People who have a choice are not going to use transit unless it’s faster than their own car.’ Mitch Bierman good model which has been done successfully in other areas.” Mr. Bierman said he is also watching with interest as All Aboard Florida moves forward with its passenger train service from Miami to Orlando. “That is a very significant thing, not just from a transportation perspective but from the transitoriented development side. It’s going to be a great hub for downtown. I’m very much looking forward to getting an express bus in Coral Gables to get to All Aboard Florida, then to Orlando for a business meeting or lunch. It’s going to be a game-changer for visitors and for the business community,
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because it touches four of five major markets in Florida.” The next part of the story, the expansion of Tri-Rail, will help solve problems along one of the state’s busiest corridors, I-95. “That has the greatest need,” he said. “Wherever you live, you think traffic is worse, but anybody who drives that road knows how painfully slow it is.” Whether all of the mechanized improvements will make a dent on the county’s gridlocked traffic remains to be seen, but a mental shift is crucial if use of public transportation is to increase, he said. “Part of the issue here is that there’s a real lack of knowledge about all of the different things available, the different products that are offered. There’s a belief that added knowledge will boost ridership, and that’s really the goal. We are trying to help spread the word in the business community, and I hope to see a greater level of understanding. It’s very important to open people’s eyes to transit.” While the Miami-Dade Expressway Authority (MDX) has many long-range plans, the ones that will affect drivers most in 2016 focus on State Road 836 (the Dolphin Expressway) and State Road 874 (the Don Shula Expressway). “The majority of MDX’s work program focuses on four major construction projects,” said Mario Diaz, authority spokesman. “Of the four, three have already begun construction or contracts have been awarded. These projects will continue improvements to state roads 836 and 874.” On State Road 836, an additional lane will be added between Northwest 17th and 57th avenues, he said. The authority
‘There is simply no good way to get from Miami to Miami Beach without a car.’ Neal Sklar will also eliminate left-side exits and add safety improvements along the corridor. On the Northwest 87th Avenue interchange, improvements will include adding lanes at Northwest 12th Street along with adding additional entrance and exits at to Northwest 84th Avenue. “These projects will allow for MDX to fortify the median shoulder, which will allow Miami-Dade Transit to operate an express bus service as soon as 2017,” Mr. Diaz said. “The final project on State Road 836 will be in partnership with the Florida Department of Transportation for improvement of the I-395 corridor. These improvements will eliminate the need to weave through three lanes of traffic” going east from the entrance on Northwest 12th Avenue to go north on I-95. “Lastly, we are extending State Road 874 to Southwest 128th Street,” Mr. Diaz said. “This will provide a new entrance and exit to the express-
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way system for the region and help decongest the surrounding streets as motorists try to access the Florida Turnpike via Southwest 152nd Street and Southwest 120th Street.” Baylink is the project to watch, said Neal Sklar, a construction law attorney and partner in the law firm of Peckar & Abramson. “This is the most significant project in the county, the one that will affect the most people into the future. Both Miami and Miami Beach want it to happen. If everyone could agree it’s the greatest need, it could move forward.” While most people think the link would help tourists most, locals would also benefit, he said. “There is simply no good way to get from Miami to Miami Beach without a car, and all of the causeways are overtaxed, especially on the weekends and holidays. Baylink is key, and the issues have to be overcome.” He also hailed the coming of All Aboard Florida as a big step. “It will help cities from downtown Miami to Palm Beach. It’s second only to Baylink in importance.” Alice Bravo, appointed last year as director of Miami-Dade Transit, is focusing on the rapid improvement of the bus system, Mr. Sklar said. “She realizes that some of these projects take years and years, but improvements to the bus system will have an immediate impact on moving people around and are very important. MDX also has had some exciting projects, including the connection of state roads 826 and 836 to each other and the Florida Turnpike.” The extension of Amtrak into the Miami Intermodal Center will have a big impact on travelers, he said. That is slated for later this year or early in 2017.
WEEK OF THURSDAY, JANUARY 28, 2016
TODAY’S NEWS
MIAMI TODAY
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Tennis appeal claims court in error used feudal English law BY SUSAN D ANSEYAR
The Miami Tennis Open tournament organizers are once again appealing a court’s decision to uphold the Matheson family’s effort to keep Key Biscayne’s Crandon Park free from further commercial development, claiming the ruling by the trial court, as adopted by the appellate court, in essence used arcane law from feudal England, which the state’s Supreme Court rejected long ago, and thus missed that the family did not give the land away and has no rights to what happens on it. The trial court’s embrace of feudalism is not an isolated incident, according to attorneys representing International Players Championship (IPC). The trial courts in Miami-Dade County are burdened with “overbearing case loads, little staff, poor facilities and resources,” their Jan. 21 motion for a re-hearing states, which sometimes leads to “grievous errors and poorly researched and reasoned decisions.” On Dec. 23, the Third District Court of Appeal upheld a lower court’s September ruling made by Judge Marc Schumacher that was in favor of the Matheson family’s opposition to IPC expanding its present stadium and building three more. The three-judge panel did not issue a written opinion outlining
reasons for its decision. At the time of the decision, attorneys for the Matheson family said IPC would probably not be able to appeal again unless it could make a strong case that the three-judge panel should write an opinion. If the appeals court agreed, IPC would then have to show it conflicts with other decisions of the same court or point out conflicts in the law and try to appeal to the state Supreme Court, said Richard Ovelmen of Carlton Fields Jorden Burt PA. IPC is taking that route. Last week, attorneys for the tournament organizer filed a motion with the appeals court asking for a written opinion on grounds that neither Bruce Matheson nor any member of his family owns any interest in the land on which the tennis center sits that would have allowed them to amend the 1940 deed to the county and its restrictive covenants. The court mistakenly came to its conclusion that has its origin in feudal 13th century England, which conflicts with existing Florida Supreme Court precedent and law from other districts, according to IPC’s attorneys at Stearns, Weaver Miller Weissler Alhadeff & Sitterson PA. The Mathesons deeded the property to the county in 1940 for the public to use as a park.
IPC also states that the court’s decision without a written opinion compounds the problems the county’s trial courts suffer. Gene Stearns, one of IPC’s attorneys, claims the Matheson family did not actually give the park land to Miami-Dade, affecting the family’s ability to have a say in what happened to the park. Nonetheless, in 1993 the parties, including the tournament organizer, agreed on a master plan to govern the use of the land for the tennis tournament. Despite the master plan’s dictates that the 32-acre Crandon Tennis Center park remain as it is, Mr. Stearns said the family has no say in whether there’s further commercial development on the site. “There was no Matheson family gift to the county of Crandon Park,” he wrote in a letter to Miami Today’s editor. “The control Bruce Matheson has been given over this vital public land is a testimonial to the incompetence of county government. No Matheson inherited any rights whatsoever to any interests in the land on which the tennis center sits.” In 1940, three parcels of land were sold to the county to allow the three sellers, real estate developers, to maximize the value of their island properties that otherwise had no real value, Mr. Stearns said. “That required access to
the mainland. The county agreed to build a [Department of Transportation] standard four-lane highway, all the way to and through the island, ending at the Pines Canal, to allow the three sellers to make a big profit – which they did.” It was a classic quid pro quo, he said. “When you trade a car for a new one, are you donating the old one to the dealer?” There is no shame in being a developer – that is what the three Mathesons were, Mr. Stearns wrote. “There should be shame in continuing to peddle what is a bald-faced lie.” Whatever “the perceived lofty goal, turning over public land to private interests is horrific public policy and the decision of the Third District to diss the important issues in this case is disturbing,” he wrote. Mr. Stearns claims more than 60% of the cases decided in the Third District these days are issued without an opinion. “The Marlins Stadium litigation ended that way. Now this case has ended that way,” he wrote. “Anyone who cares about the system of justice should be alarmed at that statistic as the trial courts are working with few resources, in broken down offices and no staff. The probability that mistakes will be made in those conditions is virtually 100%.”
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MIAMI TODAY
WEEK OF THURSDAY, JANUARY 28, 2016
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