Miami Today: Week of Thursday, December 8, 2016

WEEK OF THURSDAY, DECEMBER 8, 2016

A Singular Voice in an Evolving City

WWW.MIAMITODAYNEWS.COM $4.00

FINANCIAL TRENDS

Developers expect Congress to extend EB-5 visas, pg. 13 SERVING TICKETS, NOT CASH: International Players Championships Inc., which has failed to get the courts to give it the right to expand its space for the Miami Tennis Open in Key Biscayne’s Crandon Park, has told county parks officials it will no longer pay the county $102,000 a year under a site sponsorship benefits package. The package granted the county courtside boxes, tickets and passes for the annual tournament, and that’s what the county will get again after four years of cash payments in lieu of the tournament freebies. That money was divided among the 13 county commissioners for their public-purpose use. Now, says a memo from Mayor Carlos Gimenez, the tournament passes and so forth will be divided among the commissioners and the mayor to give in a lottery procedure to charities and other organizations fulfilling a public purpose – the county has a long procedure for that.

The next tournament runs from March 20 to April 2.

Export-Import Bank sputters but exporters carry on, pg. 16

The Achiever

By John Charles Robbins

EXTENDING PENALTY EXCEPTION: County commissioners on Tuesday extended until July 2017 a limited exception from civil penalties and liens for building code violations upon a homeowner’s compliance with the code. The amnesty was enacted in 2011, when the county was still in the midst of a severe recession, to encourage compliance with the building code while being mindful of potential financial hardships should strict application of Miami-Dade fines and penalties be enforced.

The amnesty was subsequently extended and modified through several pieces of legislation. While the number of foreclosure registrations has declined significantly, according to Deputy Mayor Jack Osterholt, extending the amnesty period can benefit those who bought distressed homes with multiple violations who want to bring them into compliance.

He said the extension would also improve the safety and values of surrounding properties.

RESTORING STREET TRAFFIC: A short section of a downtown Miami street closed to vehicles since 1986 is being reopened to traffic. City commissioners have authorized the restoration of traffic to Northwest Seventh Street between Northwest First Court and Northwest Second Avenue. The change is geared to facilitate the redevelopment of Blocks 45 and 56 within the Southeast Overtown/Park West Community Redevelopment Area, consistent with development agreements approved by the CRA board for the development on those blocks. The street being reopened to traffic is just north of 3 MiamiCentral, a mixed-use commercial building and parking garage now under construction from All Aboard Florida.

Ben Solomon

Photo by Cristina Sullivan

Builders Association president heads three law firms The profile is on Page 4

Fast-track transit, says new commission chair Bovo

By Susan Danseyar

Esteban Bovo Jr., county commission vice chair and chair of the Transit and Mobility Services Committee, was chosen commission chair Tuesday by an 8-5 vote.

Time limits that commissioners recently established obligate them to work fast and achieve solutions, Mr. Bovo said after Rebeca Sosa nominated him.

“The time of procrastination, with studies and long deliberations, is over,” he said, particularly in reference to the Strategic Miami Area Rapid Transit (SMART) plan, for which Mr. Bovo has led the charge to pick a corridor or risk what he fears is loss of the half- Esteban Bovo Jr. percent sales tax for transit projects. “I propose we have policy counsel to move policy discussions forward so this board can act.”

Before the vote for him or Xavier Suarez, who Barbara Jordan nominated, Mr. Bovo said he was in an awkward position, given his great respect for Mr. Suarez, who echoed

Agenda

Another try for marinas on city slate

the sentiment, complimenting Mr. Bovo for procedural strength presiding over committee and commission meetings.

On substantive issues, however, Mr. Suarez spoke of himself with reference to words of the late Sen. Robert Kennedy. “Some people see things as they are and ask why,” Mr. Suarez said. “Some see things as they could be and ask why not. That’s how I am.”

After votes were counted, Mr. Suarez moved to name the chair by acclamation. It was unanimous. Mr. Bovo in turn nominated Audrey Edmonson for vice chair, saying over the past two years, in particular, during critical times she has shown her dedication to the community. The board unanimously chose her.

Joe Martinez, newly elected and attending his first meeting in the term, asked both candidates for chair during deliberations how they would guide the commission and, in particular, if they had thought about committees and membership numbers.

Mr. Bovo said he believes commissioners should serve on three committees but, after much thought, hasn’t determined how many committees to establish.

As for Ms. Jordan’s question of how both candidates see the SMART plan moving for-

ward, Mr. Bovo said unless the county secures a sustainable funding mechanism, there are no corridors. “That’s where we have policy discussions,” he said. “All [six] corridors are important and must be completed but, without funding, all we can do is continue talking about them.”

Mr. Bovo also spoke of social issues the commission must solve. “I don’t know how I would react if a child in my neighborhood was shot while playing outside and if [the problem] became an epidemic in my district,” he said. “It’s not an easy problem to fix, but... we must empower families to take back their neighborhoods, whether it’s improving police presence or just providing moral backing.”

A profound education goes on when one sits in a commission seat, Mr. Bovo said. “I do not want to face kids years from now and say we failed.”

Outgoing chairman Jean Monestime complimented the presentations of Mr. Bovo and Mr. Suarez in the selection process.

“Gentlemen, that was a great job interview,” he said. “And the position comes with extra work but not extra pay.” All commissioners get $6,000 a year.

Miami officials are working to request new proposals to redevelop and manage city-owned marinas on Virginia Key. The first request in 2015 drew three bids. After controversy and a bid protest, commissioners rejected all three and began from scratch. Some residents fear over-development of the key that links Key Biscayne to the mainland.

This time around, the city manager and the Department of Real Estate and Asset Management will get input from a new review board, the Virginia Key Advisory Board. The board reviewed the latest draft request Nov. 29 and deferred it to Dec. 19 to let the public chime in.

A vote to authorize a new request for proposals is on today’s (12/8) city commission agenda.

But commissioners might await advice from the advisory board, whose members are spreading the word via social media and the web.

The latest 35-page draft request is at https://miami.nextrequest.com/ documents/4671 Blanca Mesa, Sierra Club designee on the board, posted information on the Facebook page of Friends of Virginia Key. Board members were also preparing to post an update on the website of the Urban Environment League of Greater Miami, a group following developments on the key, home to Marine Stadium. The city owns much of the island, including the stadium.

“What does the community want to see happen in this area?

Here’s your chance to comment, ask questions,” Ms. Mesa wrote.

Comments on the request for proposals must reach lmorley@ miamigov.com by 5 p.m. Dec. 9 to be included in feedback submitted to the Department of Real Estate and Asset Management.

Chairman Greg Bush said the advisory board extensively discussed the marinas and the area referred to as a flex park beside the Marine Stadium. “The city manager was there and we had a good dialogue with him,” said Mr. Bush of Daniel Alfonso.

MANDATORY WORKFORCE HOUSING PLAN SIDETRACKED ...

2

LESSONS LEARNED, BOAT SHOW ADDS SHUTTLE MANAGER ...

8

GABLES GARAGES MAY BECOME SPANISH-STYLE TOWERS ...

3

GABLES DRAFTS LEGISLATION TO SPEED 25 MPH CHANGE ...

9

VIEWPOINT: A NEED TO RUSH SEA LEVEL, TRANSIT PLANS ...

6

BEACH MOVES AHEAD WITH LIGHT RAIL AMID QUESTIONS ...

10

UPGRADED CAMP MATACUMBE TO SPOTLIGHT PEDRO PAN ...

7

GARAGE COULD SUPPORT EAST LITTLE HAVANA SHOPPING ...

11

2

MIAMI TODAY

TODAY’S NEWS

The Insider ART OF THE AFRICAN DIASPORA: County commissioners Tuesday voted to express support for development of a Miami Museum of Contemporary Art of the African Diaspora and directed the administration to technically assist the Miami-Dade North Arts and Humanities Foundation toward the museum’s development. Additionally, the administration is to report on funding strategies for the development. The resolution, sponsored by Jean Monestime, co-sponsored by Barbara Jordan and Dennis Moss, states Miami-Dade has a diverse population whose ancestors come from many areas including Jean Monestime the Bahamas, Haiti, Cuba, Jamaica, the West Indies, other islands in the Caribbean basin, Africa and other nations with ties to the African Diaspora. A contemporary art museum focusing on the mass dispersion of peoples from Africa during the transatlantic slave trades from the 1500s to the 1800s, the resolution says, would “enrich the education and lives of residents, attract national and international tourism and become an anchor for economic development in Northwest Miami-Dade communities.”

FUNDING ART OF AFRICAN DIASPORA: County commissioners passed a resolution Tuesday that allocates $100,000 in carry-over funds from the 2015-2016 commission auditor’s office to the Miami-Dade North Arts & Humanities Foundation toward supporting the creation of the Miami Museum of Contemporary Art of the African Diaspora.

BOAT SHOW SLIPS PAST CRITICS: As the county’s Division of Environmental Resources Management works with the National Marine Manufacturers Association to pull together information needed to process a required permit modification for the 2017 Miami International Boat Show beside Miami Marine Stadium on Virginia Key, a report that Mayor Carlos Gimenez just issued on the 2016 show says that “the boat show did not result in adverse impacts to bay bottom resources,” though the county did detect some compliance issues that staff attributed to “the challenges of organizing and managing such a large complex Carlos Gimenez event during its first year in operation at this location” after years of operation on Miami Beach – which does not particularly seek the show’s return after its convention center revamp is completed in several years. Critics of locating the show on the key had cited strong environmental concerns. While permits for the show on Virginia Key allowed for 830 wet slips for boats, the report notes that barely half that many – 417 in all – were installed. (Boat show adds infrastructure, pg. 8) PROSPERITY FOR WOMEN: The first report on the status of women and girls in Miami-Dade was presented to the county commissioners Tuesday, with findings that shed light on areas where women and girls are succeeding or struggling: in education, health and safety and economic development.

The report, authored by the FIU Metropolitan Center in conjunction with the county auditor, comes as a result of legislation sponsored by Commissioner Daniella Levine Cava. In 2015, commissioners adopted the UN Convention on the Elimination of all Forms of Discrimination Against Women. Ms. Levine Cava’s ordinance requires a report be produced each year providing a benchmark for measuring gender equity in the county. Once completed, the Miami-Dade County Commission for Women gives recommendations that are aimed at improving the status of women in the county.

HEALTH OF BISCAYNE BAY: Miami leaders are encouraging the federal and state government to complete the first phase of the Biscayne Bay Coastal Wetlands project, considered a critical part of the Comprehensive Everglades Restoration Plan. City commissioners approved a resolution urging the US Army Corps of Engineers, the Florida Department of Environmental Protection and the South Florida Water Management District to take all steps necessary to expedite and complete construction of Phase I and expedite planning for Phase II. The project’s purpose is to improve the ecological health of Biscayne Bay by Francis Suarez adjusting the quantity, quality, timing and distribution of freshwater entering the bay and Biscayne National Park through the redistribution of freshwater flow and the expansion and restoration of wetlands.

The item was sponsored by Commissioner Francis Suarez.

NOW IT’S FORMAL: Baptist Health South Florida on Monday formally announced a partnership with Friends of The Underline to build a healing garden adjacent to US 1 near South Miami Hospital as “a peaceful area for people to relax, rest and reflect.” The garden plan had been widely discussed since at least February. “Helping to make our community healthier is at the heart of Baptist Health’s mission,” said CEO and President Brian Keeley. The Underline is a 10-mile linear park planned under the Metrorail line.

ROCK MINING’S SPILLOVER EFFECTS: Newly Brian Keeley elected County Commission Chair Esteban Bovo Jr. on Tuesday agreed to defer legislation that would monitor activity generated by rock mines in Northwest Miami-Dade and the effects on Miramar in Broward County, but just in order to locate the funding source for a study on the mining activity’s compliance with regulations. He made clear the issue itself was not being deferred. The proposed resolution directs the administration to monitor the seismic activity generated by rock mines in that part of Miami-Dade to verify whether the activity is consistent with regulations and permits issued by the state fire marshal for those uses. At issue for some Miramar residents is that certain neighborhoods along with nursing homes and schools are being affected daily by vibrations and other disruptions from the blasts. Miramar has a no-blasting law. Although rock mining is an important industry in this county, the legislation states, it involves blasting that can impact residential properties in surrounding areas.

The unanimous vote was to defer the resolution until funds are identified, but Mr. Bovo said it will not go past January.

GRINCH RAISES GAS PRICES: Average prices of gasoline could rise 5 to 15 cents a gallon here in the week ahead as oil prices rise as OPEC says it will cut oil production, GasBuddy price tracking service said Monday.

WEEK OF THURSDAY, DECEMBER 8, 2016

Mandatory workforce housing vote put off with vow to bring issue back

By Susan Danseyar

The Miami-Dade County Commission on Tuesday deferred its final vote on legislation that would create a mandatory workforce housing development program, but sponsor Barbara Jordan said if it fails at the next meeting, she’ll be back with the same initiative in six months.

She is proposing a program requiring any new development over 20 units to set aside a 10% minimum for workforce housing. Should the legislation ultimately pass, there would be exclusive grandfathering for projects in the pipeline before the ordinance becomes effective.

Ms. Jordan has said on several occasions the proposed ordinance was designed to assist middle-income individuals.

“What is workforce housing?” she asked Tuesday. “It’s residential housing units that are between 60% to 140% of the Miami-Dade area median income for firefighters, teachers, nurses, law enforcement officers and public employees.”

Ms. Jordan said this proposal would by right go to the administration, which would determine the project’s location in terms of the units. She said impact fees could not be deferred for the entire project for the 10 units, but could be deferred for two years.

At issue for a number of her colleagues Tuesday were the numerous amendments made to the ordinance, which they said require additional time to thoroughly understand or, more controversial, that the program would be mandatory rather than voluntary.

The legislation, which would amend requirements for workforce housing units and modify density bonus and development intensity standards, is necessary, said Jose “Pepe” Diaz, but the mandatory side is something the commission must look at further. “When you try to dictate to the private sector what to do, you could run into issues that end up hurting” people you’re trying to help.

Daniella Levine Cava, one of the ordinance’s co-sponsors along with Jean Monestime, said the county drastically needs to do something about affordable housing. “It’s not worked at all as voluntary,” she said.

“People cannot afford to live in this county and we need to do something

‘I’ve met with the [Builders Association of South Florida] many times and have gone as far as I can go.’

Barbara Jordan

voiced support for the legislation and said it’s important for people to live near their workplace. He said the ordinance showed the cooperation between cities and the county toward addressing a Miami-Dade problem. A number of others also spoke in favor, saying the commission has an opportunity to assist the working class and that housing is a human right.

Those opposed included Truly Burton of the BuildersAssociation of South Florida, who favored a strong voluntary incentive proposal. The executive vice president and governmental affairs director of the association, she said the proposed ordinance included complicated regulations; there was no government subsidy; and a community-wide problem required a community-wide solution.

Ben Solomon, president of the association, said the proposed ordinance had many unintended consequences; was a disincentive to the building industry; would pass costs on to consumers; was probably a tax on development, and was probably in violation under Supreme Court rulings.

At the conclusion of the public hearing, Ms. Jordan said the process for her proposed ordinance began in 2005, legislation for voluntary workforce housing was adopted in 2007 and she received input from stakeholders in order to develop what she believed was strong legislation.

Miami-Dade is one of the least affordable housing markets in the nation, Ms. Jordan said, and approximately 35% of Miami renters are seriously cost-burdened relative to housing, paying over 50% of their gross income for housing.

dramatic.”

After a lengthy discussion, Ms. Jordan said with a smile that while teaching at Head Start, the early childhood learning and knowledge center, she learned to count. Therefore, she made a motion to defer the vote to the commission’s next meeting in two weeks.

In the meantime, Ms. Jordan said she’ll hold Sunshine meetings with whomever does not yet understand the amendments but pointed out she’ll be saying the same things they could have heard at last Thursday’s Sunshine meeting, one again on Monday and from reading the sheet that outlines the amendments.

Ms. Jordan at the beginning of the discussion said the Builders Association of South Florida (BASF) requested a deferral but any more issues with the proposed legislation need to be decided on the dais.

“I’ve met with the BASF many times and have gone as far as I can go,” she said.

Rebeca Sosa said she was going to request a deferral because the proposed workforce housing development program “is unfair and unrealistic” to her community. Sally Heyman, who said a lot of work has gone into the ordinance, said municipalities should have their attorneys weigh in on the proposed program.

Two weeks is enough time for that, Heyman said commission she said, and then the commission Sally should take a vote in two weeks. can vote on the issue.

Ms. Jordan maintained most of the requests commissioners were making have already been done but We want to hear from YOU! she’s willing to do it all again. She Phone: (305) 358-2663 referred to the public hearing and all Staff Writers: the people who spoke in favor of the program when the ordinance was in Camila Cepero ccepero@miamitodaynews.com committee.

The legislation was amended and Susan Danseyar given favorable recommendation, sdanseyar@miamitodaynews.com 4-1, by the Economic Prosperity John Charles Robbins Committee Oct.13. Bruno Barreiro jrobbins@miamitodaynews.com voted No. He agreed that workforce housing, low-income housing and Letters to Editor editor@miamitodaynews.com extremely-low income housing must be addressed but said a combinaPeople Column tion of the voluntary and mandapeople@miamitodaynews.com ‘When you try to dic- tory workforce program would be Lewis tate to the private sector adequate. Mr. Barreiro suggested Michael mlewis@miamitodaynews.com a small percentage for mandatory what to do, you could workforce housing without the run into issues that end incentives; and a bigger percentage Like us: up hurting’ people you’re with attractive incentives.

Ms. Jordan said she’d schedule a Miami Today trying to help.

Sunshine meeting with him.

Follow us: Also at that meeting, Coral Jose ‘Pepe’ Diaz Gables City Attorney Craig Leen @MiamiTodayNews

WEEK OF THURSDAY, DECEMBER 8, 2016

TODAY’S NEWS

MIAMI TODAY

Morris-Related designs atop contest to replace two Gables city garages

By Catherine Lackner

Coral Gables City Center, a proposal by The Allen Morris Company and The Related Group to replace two antiquated city parking garages with more appropriate buildings, last week was voted the winner of a design competition and are to be presented to the city commission for approval next month.

Municipal Garage 1 at 245 Andalusia Ave. is a three-level concrete building with 282 spaces (272 permitted, 10 for public use) one-half block south of Miracle Mile. What is envisioned to replace it is a Spanish-style Mediterranean structure with significant public spaces, including a rooftop café and a sky park that would also serve food and drink.

The developers plan to add 1,655 new parking spaces in two brand-new garages “to replace the disgusting old garages that are there now,” said Allen Morris.

“People could park in the garages, have dinner on the deck, or take friends to the outdoor, landscaped sky park.”

Above the deck would be seven stories of office space. On the first floor of the building, the developers plan to offer the city 20,000 square feet of administrative office space, “so that people who are doing business with the city – from parking to zoning to economic development – could come to one convenient place,” Mr. Morris said. Also on the ground floor would be retail and restaurant space.

The building – which would be crowned by a majestic statute of Ponce De Leon, “pointing to the future,” Mr. Morris said – would be connected to Miracle Mile via an enclosed paseo, and even the

alleyway has been reconfigured so that dumpsters would have their own garages. “The doors will be closed, with some sort of artwork on the outside. You’ll never see or smell the dumpsters.”

The developers plan to offer the city ownership of the building, including the garages, and would retain air rights for the commercial office spaces, he said.

Municipal Garage 4 at 345 Andalusia Ave. is seen as a three-level structure with 349 spaces (285 permitted and 64 for public use).

“It’s a long garage stretching the length of the building,” Mr. Morris said. The garage would remain, and above it would be a tower with 244 large apartments suitable to empty-nesters and those who have sold their larger Gables residences, he said. There would also be some ground-floor retail, he added.

The building, designed in an Italian Mediterranean style, would be constructed over a grand arch modeled on the Arch of the Republic in Florence, Mr. Morris said. “It’s going to be a beautiful, dramatic space, and I predict it’ll be one of the most photographed places in Coral Gables.

“The building will be right across from Publix and an elevator ride from restaurants, shops, and entertainment. These residents will allow the city to attract a higher level of retail. I’m excited that we’ll be bringing in 1,000 new people and we won’t increase traffic by even one car,” he said. “We’re creating a sustainable, walkable community.”

The garages associated with the project are to be “smart” shared structures with electronic signage to show drivers how many parking

3

County hails ex-attorney, now a judge

By Susan Danseyar

This building is proposed to replace city garage No. 4 on Andalusia.

spaces are available. The spaces would allow shoppers and visitors to park during the day and residents at night, he said. The developers plan to add the city’s other garages to the system and make it all available on a smartphone app.

“We can take 50% of the nuisance traffic – people driving around looking for parking – off the streets,” Mr. Morris said.

“With the app, someone could buy tickets at the Miracle Theatre, book a table at Ortanique, and reserve an individual space in a garage.”

The garages are being designed so that, when people actually begin to use their cars less, each floor can be repurposed, he added.

Coral Gables City Center is to go before the city commission next month. If it’s approved, the design and permitting phase is expected to take about a year.

Construction of the office tower

will take about two years; the apartment tower about two and one-half years, Mr. Morris estimates. At least one of the garages would be kept open to minimize inconvenience, he said.

“We’re very excited and inspired,” he said. “This is the next step in creating a place to live, work and play, and lowering the city’s carbon footprint. Ironically, we’re going back to the way our European ancestors lived, with the home above the shop. It’s a much simpler way to live. You don’t spend your life in traffic.”

Coral Gables City Center and The Shops and Residences at Miracle Mile, by TC Gables, LLC, an affiliate of Terranova Corp., were chosen from among five developers who submitted first-stage conceptual designs several months ago. The city has for years sought redevelopment proposals for the two garages.

After serving Miami-Dade for eight years as an assistant county attorney, Alex Bokor said he will deeply miss his colleagues but is humbled and honored to move on as a county court judge.

“This has been my home,” Alex Bokor he said during a short ceremony Tuesday at the county commission meeting. “This is a family and having all of you as part of mine has been the second best decision of my life.”

County Attorney Abigail PriceWilliams thanked officials and Gov. Rick Scott for seeing in Judge Boker what the others who worked with him in the office do – a true public servant. “When you honor him, you honor us.”

Former Commission Chair Jean Monestime proclaimed it Alex Bokor Day and congratulated the new judge. “I’m glad I never had you waiting too long for me,” he joked. In all seriousness, Mr. Monestime said he echoes what many of his colleagues have said: “We have the best law firm in town.”

Before coming to the county attorney’s office, Judge Bokor was an associate with Jones Day in New York for several years and then an associate with Kozyak Tropin & Throckmorton in Miami from 2006-2008.

Judge Bokor received his undergraduate degree from Southern Methodist University and JD from the University of Pennsylvania.

Judge Bokor will be serving in South Dade, where Commissioner Dennis Moss said he looks forward to seeing him.

3-Bedroom Luxury Residences

LIVE. Luxuriously.

VISIT OUR SALES GALLERY

Adjacent To The Shops At Merrick Park The Finest Luxury Interior Appointments Very Private, Only One To Two Residences Per Floor Spacious Balconies With Summer Kitchens

351 San Lorenzo Ave CORAL GABLES

(305)444-4777 LagunaHouseCoralGables.com

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY THE DEVELOPER TO A BUYER OR LESSEE. Obtain the property report required by federal law and read it before signing anything. No federal agency has judged the merits or value, if any, of this property. This offering is made only by the Prospectus for the condominium and no statement should be relied upon if not made in the Prospectus for an offer to sell, or solicitation of offers to buy, the condominium units in states where such offer or solicitation cannot be made. We are pledged to the letter and the spirit of U.S. policy for the ach ievement of equal housing throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing on the basis of race, color, sex, religion, handicap, familial status or national origin.

6

MIAMI TODAY

VIEWPOINT

WEEK OF THURSDAY, DECEMBER 8, 2016

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

Will sea level and transit plans roll to Washington soon?

A document just sent to county commissioners shows a clear link between Miami-Dade’s two pressing concerns for the future: sea level rise and growing traffic congestion.

Now is the time to capitalize on that output.

The 31-page report points to the need for the SMART plan for six new transit legs and a feeder express bus system to integrate existing and future findings on how to create a more resilient transportation system.

At the same time, the report points to ways to shore up our roadway network to serve us better in the face of a sea level rise estimated at 6 to 12 inches by 2030 and 14 to 34 inches by 2060.

The report from resilience officer James Murley responded to a commission query initiated by Rebeca Sosa on how to use Federal Highway Administration and Florida Department of Transportation methods to assess the vulnerability of future transportation projects to sea level and hurricane threats.

One lesson of the report is that we can’t plan transportation in a vacuum. A great transportation system – or even an adequate one, which we now lack – must serve a

community that has multiple challenges.

So as planners probe exact routes for the six transit legs promised in the SMART plan, the mode of transportation for each leg, how modes will link seamlessly, ridership each route might generate, operating hours, whether stations are needed and who would build them, the cost of each route, sources of government funding not only to build but to maintain each route, fares required to make each route go, and partnerships available in government and the private sector, they also must consider a host of outside factors.

One of those is impacts on areas surrounding each route – how transit will help or injure surrounding areas and in what ways, such as the division of Overtown decades ago by I-95 that shattered a thriving community.

Another factor is development and land use changes likely to parallel each route and bulge at each stop. Functional transit always creates development opportunities and business hubs but also encourages housing, included needed workforce housing in high-rise sites.

A third factor is the tax that increased land values and new development along each route will generate, funds that could be rolled into special assessment or tax increment districts to help fund or maintain new transit.

The report on resilience and transportation raises one more external factor, climatic impacts. But existing studies are general,

The mayor has it all backwards on county’s transportation crisis At his swearing in last Tuesday, Mayor Carlos Giménez formulated a novel excuse for not funding the SMART plan, which calls for six new rail corridors. The gist of this excuse is that the economy must improve in order for the county to be able Xavier L. Suarez to tackle our woeful system of mass transportation.

In effect, the excuse refers back to the Great Recession of 2008, from which we are removed by eight years (equivalent to two full mayoral terms) and by no less than almost $400 million in new countywide tax revenues. In case the good mayor has not noticed, the economy – as far as the county's revenues go – has rebounded nicely.

What has not rebounded is the level of government services, particularly in the area of transportation, where government has built only a small link between the airport and downtown, while extracting almost $1 billion a year from our county's motorists in highway tolls, a half-cent sales tax earmarked for transportation, auto tag renewal fees, and gas taxes.

That's how you slow down the economy: by extracting more contributions from the citizens while providing little or no additional new infrastructure or additional services.

In other words, the mayor has it exactly backwards: It is not that the economy must grow in order to fund our transportation system; it is government's inability to fund an efficient transportation system that has slowed down our economic growth. (In my recently published book, "The Wealth of a Nation," I quantify that negative impact as between

The Writer

Xavier L. Suarez is a Miami-Dade County commissioner and a former mayor of the City of Miami. one-half and one percent of our comparatively higher unemployment.)

And note what we have squandered in terms of existing taxes and impositions: nThe half-cent sales tax, first approved in 2002, has produced about $250 million a year for each of the last few years; however, as much as $100 million, or 40%, has been "derailed" each year for operations, when it was earmarked for completion of our rail system. nAuto tag renewal fees, generated by a million and a half cars and light vehicles in our county, have produced about $167 million each year, all of which has gone to the state. (We, the motorists who paid those fees, receive a little sticker each year, which costs a little over five cents per vehicle, equivalent to less than one percent of what we sent to Tallahassee.) nGas taxes paid into the state support a statewide transportation budget of $10 billion, of which about a billion dollars has been spent in our county – but only a small percentage on mass transit. nMDX toll fees, collected by the agency charged with managing our five major highways, are currently generating close to $240 million a year ($20 million each month), of which not one penny has been used for mass transit.

So, in conclusion, is it fair to say that full funding of transportation must await some sort of economic recovery? Or, to the contrary, that government's mismanagement of transportation funds has hurt our chances of having a full and fair economic recovery?

not specific to new transit. Specific studies vital for each route should pinpoint both the impacts of future higher sea levels on that leg and its surroundings and ways to construct that transit to be functional when sea levels do rise.

SMART work programs for this fiscal year and next spell out $39.9 million in environmental documentation required for the six legs, ranging from a low of $4 million for the Kendall Drive corridor to $10 million for a corridor from downtown Miami to Miami Beach and then along the Beach from Alton Road and Fifth Street to the Miami Beach Convention Center.

Environmental impact studies are required on any major project, showing its impact on the environment. But the new county report points to a study in the other direction: the impact of the changing environment on the project itself and then how the project can minimize that impact.

In simplest terms, one question might be, should a rail line be elevated an additional three feet or so when it’s built to be sure it can function in the decades ahead or for hurricane evacuation now? It is, of course, not that simple.

The Metropolitan Planning Organization’s website says “Think Big” when developing future mass transit, and that is valid.

But the report on more resilient transportation also shows the need to think small, looking at each piece of transportation in light of sea level changes.

L etters

In that regard, the report points to seeking to “incrementally gain elevation when roads are resurfaced.” But that, the report notes, might affect surrounding areas, because roads are generally lower than their surroundings to facilitate drainage.

Raising the roads could reverse drainage flows into surrounding areas.

Again, the pieces are interrelated and not as simple as they seem.

In fact, nothing in the planning either for sea level changes or to meet growing transit needs is as simple as it seems. The report on resilience and transportation notes that some studies are only partly finished and that more specific studies will be needed for each major transportation project.

At some point, however, studies must yield to concrete actions on both sea level and transportation fronts. That point should come sooner rather than later. The needs in both areas seem clear enough – and help from Washington might be growing..

In a Donald Trump era where Washington seems headed to more infrastructure spending, we need to have all of our studies ready – together with conclusions and the game plan we want to follow.

If we seek federal funds for big-ticket items, a Trump administration will not want to wait for more cogitating. We need to be ready to roll.

to the

RFP vital for an operator of Miami Marine Stadium

Thank you for your editorial on the Marine Stadium. Your remarks are right on the money.

Feasibility has been a key concern of mine since my involvement began with the Marine Stadium almost nine years ago. If as you say the Marine Stadium is not – at a minimum – self sustaining without requiring public subsidy, it will fail.

Your concerns are reflected in the history of the stadium. I've researched the archives, and newspaper articles with headings such as "Stadium Has Money Woes," "City's Headache,” "Marine Stadium White Elephant" and "Stadium Budget Forced Skimping" pop up soon after the stadium was opened in 1963.

Actually, my comments to the city commission were more broad-based and more closely aligned with your thoughts. I said to the commission that "The stadium cannot run itself" (not "rent" itself).

I also recommended an RFP for an operator because even with the most well thought out business plan, the Marine Stadium will not succeed unless it has professional management that is financially strong, experienced, motivated and focused. And based on my experience, I do not believe that the City of Miami should run a facility that has vast potential, but is very unique, complex and management intensive. I've suggested the RFP to the Miami City Commission on multiple occasions over the last two years.

By the way, I am aware of serious interest out there for the Marine Stadium and I believe a successful solution can be developed.

In the past, most of the discussion on the Marine Stadium has focused on its

E ditor

architecture, history, how to finance its restoration, and the romance of the place.

Now that the city has shown that it is serious about the Marine Stadium, it is time to focus on the business, operational and sustainability issues.

Your editorial – coming from a respected newspaper – will help move the discussion along in the right direction.

Don Worth

417-car garage too much

Hard to believe a 417-car garage for a project this size [Modera Edgewater 25] is still 30% less than required. That still sounds like too many cars for downtown.

Owners will soon discover what they thought was a good deal is really a nightmare once they try to get in and out of their little piece of paradise during morning and evening rush hour.

DC Copeland

miamitodaynews.com FOUNDED JUNE 2, 1983 VOLUME XXXIV No. 28 ENTIRE CONTENTS © 2016

To contact us: News

Advertising Classifieds Subscriptions Reprints

(305) 358-2663 (305) 358-1008 (305) 358-1008 (305) 358-2663 (305) 358-2663

Editor and Publisher / Michael Lewis Vice President / Carmen Betancourt-Lewis

MIAMI TODAY (ISSN: 0889-2296) is published weekly for $145 per year; airmail: to Europe $190 per year, the Americas $145 per year. Published by Today Enterprises Inc., 2000 S. Dixie Highway, Suite 100, Miami, Florida 33133, USA. Periodicals postage paid at Miami, FL. POSTMASTER: Send address changes to MIAMI TODAY, 2000 S. DIXIE HIGHWAY, SUITE 100, MIAMI, FLORIDA 33133.

10

TODAY’S NEWS

MIAMI TODAY

WEEK OF THURSDAY, DECEMBER 8, 2016

As Beach moves forward with light rail, question list grows

By Catherine Lackner

Miami Beach is moving forward with plans for light rail on the island, but if, how and when it will connect to the mainland remains to be seen.

Miami Beach “has been moving forward assertively to advance the first phase,” which is service within the island, said Charles Scurr,

executive director of the Citizens Independent Transportation Trust, at a Nov. 16 meeting. The trust is charged with overseeing the halfpenny sales tax voters approved for transit in 2002.

“The first phase is moving quickly and do we anticipate action items coming to this board in the spring. We’ll continue to update you in the next couple of months,”

he told trust directors.

“This has been in the planning stages for a very long time,” Kathie Brooks, Miami Beach assistant city manager, told trust directors.

In fact, it was first made part of a long-term transportation plan in 1969, then again studied in 2004 and 2015.

Light rail was always considered, and then, in 2015, modern

Public Notice NOTICE IS GIVEN that meetings will be held before the following Committees on the dates stipulated below in the Commission Chambers, located on the Second Floor, of the Stephen P. Clark Center, 111 NW First Street, Miami, Florida, wherein, among other matters to be considered, a public hearing will be held relating to the following proposed ordinances/ resolutions: Unincorporated Municipal Service Area (UMSA) Committee Meeting – Tuesday, December 13, 2016, at 2:00 PM • Ordinance relating to Zoning; amending development standards and creating site plan review criteria for RU-1M(A), modified single-family residential Zoning Districts, in certain sections of township 54 South, range 39 East, and of township 55 South, range 39 East, to enhance aesthetics and emphasize smart growth principles; amending Section 33-49 and Article XIVB of Chapter 33 of the Code • Ordinance relating to Zoning; regulating removal of fill from lake excavation in Zoning Districts outside the Urban Development boundary that authorize residential uses; prohibiting off-site transfer; providing for variances; amending Sections 33-13 and 33-16 of the Code Transit & Mobility Services (TMS) Committee Meeting – Wednesday, December 14, 2016, at 9:30 AM • Resolution approving transfer of certificate of transportation no. 30136 from K.M.C Transport Services Corp. to KMC Transtours Corp. to provide contract carrier service as a passenger motor carrier • Resolution approving transfer of all of the shares and assets of Liebt Way Tours Services, Inc., the holder of passenger motor carrier certificate of transportation no. 30259, from Henrique Leli Conceicao to Fabian Londono to provide special operations service as a passenger motor carrier • Resolution approving transfer of certificate of transportation no. 30025 from R&G Transportation, Inc. to US Bus LLC d/b/a Miami Fast Shuttle to provide special operations service as a passenger motor carrier • Resolution approving transfer of certificate of transportation no. 30079 from Gent-Trans, Inc. to Thrower Mobility Transportation Services Corp. to provide contract carrier service as a passenger motor carrier • Resolution approving transfer of certificate of transportation no. 30110 from Doormans Private Ride Service, Inc. to Premier Transportation, LLC d/b/a Premier Miami Limo to provide special operations service as a passenger motor carrier • Resolution approving application for three certificates of public convenience and necessity to National Health Transport, Inc. to provide ambulatory non-emergency medical transportation services • Resolution approving application for four certificates of public convenience and necessity to Noyah Transportation Services, Inc. to provide ambulatory and combination wheelchair and stretcher non-emergency medical transportation services • Resolution approving application for one certificate of public convenience and necessity to Jude Dalberis d/b/a Protective Medical Transportation to provide ambulatory non-emergency medical transportation service • Resolution approving application for one certificate of public convenience and necessity to ATC Medical Transport Corp. to provide wheelchair non-emergency medical transportation service • Resolution approving application for five certificates of public convenience and necessity to Exxel Medical Transportation, Inc. to provide wheelchair and ambulatory non-emergency medical transportation services • Resolution approving application for 22 certificates of public convenience and necessity to Neighborhood Medical Transportation, Inc. to provide wheelchair and ambulatory non-emergency medical transportation services • Resolution approving application for two certificates of public convenience and necessity to Yuber-Care Services, LLC to provide ambulatory non-emergency medical transportation service • Resolution approving transfer of certificate of transportation no. 30148 from Worldwide Limousines, Inc. to MTG Florida LLC d/b/a Dav El of Miami to provide special operations service as a passenger motor carrier • Resolution approving transfer of certificate of transportation no. 30315 From Palm Tree Shuttle, LLC to Americas Tours, Inc. to provide special operations service as a passenger motor carrier • Ordinance relating to parking in County road swales; prohibiting parking in swale upon section line and half section line County roads; amending Section 30-292 of the Code Metropolitan Services Committee (MSC) Meeting – Wednesday, December 14, 2016, at 2:00 PM • Ordinance relating to Impact Fees and Water and Sewer connection fees; revising reporting requirements for Impact Fee Trust Funds; requiring reports on the collection and expenditure of impact fees, including within each commission district; requiring the County Mayor or Mayor’s Designee to periodically review impact fee provisions and make recommendations to the Board to ensure that benefits paid by a development are equitable to the costs of new development; require reports on the collection and expenditure of Water and Sewer connection fees; codifying existing requirements related to Water and Sewer connection fees; amending Sections 33E-11, 33H-12, 33I-10, 33I-14, 33J-11, 33J-15, 33K-10 and 32-78 of the Code • Ordinance pertaining to animals; providing for the regulation of the harboring or keeping of stray and lost dogs by private individuals or organizations; providing for enforcement by civil penalty; directing the County Mayor or Designee to create an on-line lost dog registry; creating Section 5-18.1 ; amending Section 8CC-10 of the Code Trade and Tourism Committee (TTC) Meeting – Thursday, December 15, 2016, at 9:30 AM • Ordinance pertaining to zoning and real property transactions in the vicinity of Homestead Air Reserve Base (HARB); revising zoning regulations near HARB; boundaries and regulations related to airport height zones and airport land use restriction area; process for granting variances and appeals; providing for enforcement in the unincorporated area and setting minimum standards within municipalities near HARB; requiring certain disclosures of proximity to HARB in real property transactions; conforming County Code to State Law related to variances; amending Sections 33-1, 33-311 and Article XXXV of Chapter 33 of the Code Economic Prosperity Committee (EPC) Meeting – Thursday, December 15, 2016, at 2:00 PM • Ordinance establishing a minimum wage for employees of certain County contractors and subcontractors; providing for indexing of the minimum wage rate; enforcement and penalties; requiring the County Mayor or County Mayor’s Designee to establish procedures for monitoring compliance; providing for delayed implementation; creating Section 2-8.9.1 of the Code All interested parties may appear and be heard at the time and place specified.

A person who decides to appeal any decision made by any board, agency, or commission with respect to any matter considered at its meeting or hearing, will need a record of proceedings. Such persons may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.

Miami-Dade County provides equal access and equal opportunity and does not discriminate on the basis of disability in its programs or services. For material in alternate format, a sign language interpreter or other accommodation, please call 305-375-2035 or send email to: agendco@miamidade.gov.

HARVEY RUVIN, CLERK CHRISTOPHER AGRIPPA, DEPUTY CLERK

For legal ads online, go to http://legalads.miamidade.gov

streetcars that would not have overhead wires were added, she said. “Those two have begun to merge.”

The service would run in a circuit from Washington Avenue and Fifth Street to Alton Road and 17th Street. “We did start out looking at phases one and two,” which would include a connection to the mainland, she said, “but we have narrowed it to begin phase one, because it’s feasible and constructible with existing sources of funding.”

The budget will be $245 million for phase one, with operating costs pegged at $7 million per year.

Miami Beach will fund 62.5%, Miami-Dade County and the trust 25%, and the Florida Department of Transportation 12.5%, subject to approval by the Metropolitan Planning Organization, she said.

If all goes well, a final environmental report could be done next April and a final price negotiated with a contractor by the end of 2017, she added.

When conducting neighborhood studies, “the single biggest feedback we got was the need for a connection across the causeway,” Ms. Brooks said.

“I see there’s been some community resistance that’s emerging, and that’s to be expected,” said trust director Paul Schwiep. “If you don’t have 10% to 15% of the population that is unhappy, then you’re not pushing transit enough.” Fortunately, he said, the city administration won’t give in to the naysayers.

“There were concerns raised about integrating your proposal into the larger Baylink system,” Mr. Schwiep told Ms. Brooks. “I know you’re hoping to bring the county along in your process. What does that look like?”

“We’re trying to make sure that whatever we do, the system will be interoperable,” she replied.

“The technology will be able to come across the causeway. The basics are the tracks and the power supply. We required that in our proposal” for a private operator to run the beach part of the system, she said.

“As far as bringing the county along, we’re in constant contact with Alice Bravo [director of the county department of Transportation and Public Works] and Monica Cejas [Miami-Dade Transit senior professional engineer], to try and expedite as much as possible.

They’re working hard to come up with a funding plan. The word we hear is that the project development and environmental study will be done in early 2017. We’re hoping, as we move along next year, we will get commitments as to what their timelines are.”

Meanwhile, a Tuesday email from Miami Beach Mayor Philip Levine said “we need to mobilize residents and visitors alike through a smart and efficient light rail system that connects all of Miami Beach to the mainland to reduce the number of vehicles clogging our causeways and entering our city.

“Miami Beach has signaled that we are ready to bring smart light rail to our city. We would be ‘shovel ready’ when [MiamiDade] County moves forward with a long-awaited Beach Corridor transportation program, commonly called Bay Link.

‘The technology will be able to come across the causeway. The basics are the tracks and the power supply.’

Kathie Brooks

‘We will not sign any agreement that commits financial resources to the plan until we have full commitments...’

Philip Levine “However, it is important that the facts are made clear in this process.

We will not sign any agreement that commits financial resources to the plan until we have full commitments from Miami-Dade County that they are willing partners in this endeavor and that they are fully committed to a real connection … our taxpayers alone should not bear the full responsibility of building a rail corridor that connects Miami Beach to the City of Miami. But, we know that for it to be a successful system, connectivity throughout Miami Beach and key points in Miami are essential,” the mayor’s email continued.

“I will ensure that a transparent process through open dialogue continues and that ZERO tax dollars are committed until we have the full support from our local, state and federal partners and then (and only then) will this vision be brought back to the commission for their consideration. “We have a choice. We can either continue the empty transportation promises that have plagued our city and county for over 40 years by allowing it to be ‘demagogued’ or we can continue forward without committing funds and/or obligating our city contractually but pushing the process along internally so we are ready, willing and able partners when Miami-Dade County commits to a connection across the causeway.”

Email and phone inquiries to the mayor’s office requesting details and clarification were not returned.

MIAMI TODAY

WEEK OF THURSDAY, DECEMBER 8, 2016

13

Financial Trends Bankers hope to see federal, state regulations eased in 2017

By Catherine Lackner

On the national, international and local scale, bankers are hoping that some cumbersome regulations will be removed or reined in when the new administration, Congress and state legislature take power next year.

“While we do not expect any dramatic overhaul of the present regulatory framework, we are optimistic that the new administration and Congress will take a more logical and balanced approach toward regulation of the financial services industry and provide some regulatory relief,” David Schwartz, CEO of the Florida David Schwartz International Bankers Association, said via email.

“Banks take their role as protectors

of the financial system against money laundering and terrorist financing very seriously,” he said. “However, they have been spending an inordinate amount of time and resources guarding against regulatory risk, which is non-productive.

This will allow the industry to get back to the business of serving customers and helping to grow the economy.”

“We need to get regulatory relief for community and regional banks,” said Anthony DiMarco, executive vice president for governmental affairs of the Florida Bankers Association.

Half of all business loans are written by community banks, he said, and compliance Anthony DiMarco with federal guidelines is driving costs up, causing some banks to consider mergers so they can take

advantage of economies of scale.

“Some of the provisions of DoddFrank, which was enacted after the economic meltdown, should not be applied to community banks,” Mr. DiMarco said. “The big banks would tell you the same thing. There are things community banks don’t do because of the business lines they’re in. With all of these federal regulations, they can’t make money at all, forget about a big profit.”

The bankers association would also like to see more de novo banks, he added. Last spring, the federal government relaxed the rules on opening a new bank, dialing them back to pre-recession standards.

“We’ve only seen three new banks open [in Florida] since 2008, and one or two of those had already been in the works,” Mr. DiMarco said. “This is the longest we’ve ever gone with so few de novo banks. We hope to see more.”

On the state level, the association would like a remedy for PACE, or Property-Assessed Clean Energy, loans.

These are loans for improvements that boost energy savings in a home (such as new windows, solar panels or efficient roofing). They typically are paid off over 10 to 20 years and are added to the owner’s escrow account as a quasi-tax.

The problem is that PACE loans “jump the mortgage” and must be paid off before a home can be sold or refinanced, Mr. DiMarco said. The association would like the order of liens reversed, so that the mortgage takes precedence.

“And because these are not traditional loans, the consumer isn’t protected by Truth in Lending laws,” he said.

Primarily, though, the goal remains loosening restrictions on small banks.

“We’ve got to unshackle Main Street,” Mr. DiMarco said, “and that will get our economy going even more.”

Developers expect Congress to extend EB-5 visa funding

By Camila Cepero

Congress is to vote Friday on extending the EB-5 program, which grants foreign investors permanent residence for the right price. In the minds of local experts and developers who rely on it, an extension is all but guaranteed – securing the continued development in industries from restaurants to hotels.

Congress created the EB-5 Program in 1990 to stimulate the US economy through job creation and capital investment by foreign investors.

In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by US Citizenship and Immigration Services (USCIS) based on proposals for promoting economic growth.

Under this program, entrepreneurs – and their spouses and unmarried children under 21 – are eligible to apply for a green card, or permanent residence, if they make the necessary investment in a commercial enterprise in the US and plan to create or preserve jobs for qualified US workers.

On Sept. 29, President Obama extended the regional center program through Dec. 9, at which point the program would expire unless Congress extends it.

However, experts in the field are highly optimistic and anticipate that there will be another shortterm extension by Congress into February or March 2017.

“It is anticipated that the EB-5 law as it currently exists will be extended through a continuing resolution, which we expect will be passed by Congress and which will preserve EB-5 as it currently

The 190-room EVEN Hotel being developed near Miami International Airport has benefitted from $12 million in EB-5 capital that came from 24 persons who get in line for a green card or permanent residence.

exists through sometime of March 2017,” said Julian Montero, a partner in the Miami office of Arnstein & Lehr and a member of the firm’s Immigration Practice Group.

“What is important about EB5, first of all, is that it brings jobs to the community,” said Noel Epelboim, CEO and president of Epelboim Development Group, “and secondly, it brings economic activity to the country and to the city.”

“As a developer, the Miami area is very important because it has been a way to finance my projects with less expensive funding and in a situation where banks are usually backing off from financing because of the current environment in the real estate market,” Mr. Epelboim said. “Without EB-5, it would be very difficult to develop hotels because banks and lenders are not very aggressive right now.”

The minimum investment in a commercial enterprise required by an EB-5 investor is $500,000 and there must be evidence that the enterprise will create at least 10 full-time positions.

Law is expected to be extended until March, said Julian Montero.

“The jobs have to be created by US companies,” said Mr. Montero, who works with the firm’s EB-5 practice team. “Foreign investors always invest in domestic companies, creating jobs in the US, and there’s a whole industry and network of foreign conferences where US companies will attend and explain their project to try to reach out to foreign investors... so these investors can learn about projects and invest.”

“In the EB-5 scheme,” Mr. Epelboim said, “investors invest in an enterprise or company that is already developing a project that generates these jobs, and the investor has nothing to do but invest $500,000 into a company.”

Most EB-5 investors, Mr. Montero said, are wealthy entrepreneurs who are busy managing activities in their home countries and have $500,000 to invest in US projects managed by more established businesspeople. They tend to become passive investors instead of taking on the burden of starting a new enterprise.

A significant majority of EB-5 funds currently come from China, Mr. Montero said, with upwards of 80% of the money currently invested seeking EB-5 hailing from there.

“There are a lot of Chinese people with money that are interested in coming to the US,” he said. “Many of them select the US because of the education opportunities for their children.

Many other countries have similar programs like EB-5, so there’s a

competitive marketplace to capture these sophisticated wealthy investors.”

“For bigger projects we usually go to China and solicit investors through immigration agents,” Mr. Epelboim said. “In the case of smaller projects – those that run from $10 million in EB-5 capital to $20 million – we usually go to Latin America.”

“Many different industries successfully use EB-5 – a lot of mixed-use real estate developments and luxury residential developments,” Mr. Montero said.

“The franchise industry has been successful in using EB-5; there are fast casual restaurant concepts that are using EB-5 successfully, and also some very high-end restaurants that have successfully used EB-5.”

Mr. Epelboim, who is developing the 190-room EVEN Hotel one mile from Miami International Airport, said that most EB-5 capital is used in commercial developments, with the hospitality industry being especially attractive because it’s the asset class that creates the most jobs.

The EVEN Hotel has seen $12 million in EB-5 capital invested by 24 investors.

“I don’t know that many of us that are active in the industry believe that Congress will allow this program to die,” Mr. Montero said. “The understanding is that the new administration is very supportive of EB-5... It would have very negative consequences [if it’s not extended]. Obviously, it would mean that the US is closing its doors on exactly the type of people we are seeking to attract: successful business owners.

“If we want to have and foster immigration, EB-5 is the perfect example of the most desirous way to do it.”

16

FINANCIAL TRENDS

MIAMI TODAY

WEEK OF THURSDAY, DECEMBER 8, 2016

First insurance bills filed could affect industry, consumers

By Catherine Lackner

Florida’s legislative session doesn’t begin until March 7, but already two bills have been filed that may affect the insurance industry and consumers. Many more will be filed in the days leading up to the session, observers say.

Senate Bill 0094, “Property Insurance Appraisers and Property Insurance Appraisal Umpires,” would give the state Department of Financial Services the right to investigate property insurance appraisal umpires and to Frank Artiles sponsored one bill. set qualifications for licensing umpires. It also

would authorize the department to refuse, suspend or revoke an umpire’s license under certain circumstances. It was sponsored Dec. 2 by Sen. Frank Artiles of Miami.

Many homeowners’ and business insurance policies contain a provision for outside appraisal when the insured is in a dispute with the insurance company. The role of the insurance umpire is that of a quasiarbitrator, according to industry sources.

If an agreement can’t be reached, the two sides can still go into arbitration, if the policy contains that provision.

House Bill 0069, “Use of Wireless Com-

munications Devices while Driving,” takes aim at motorists younger than 18 who are observed by police texting while operating a motor vehicle. As the law stands now, it is a secondary offense, meaning police officers may issue a ticket for texting while driving only as part of a traffic stop for another reason.

This bill, filed Dec. 2 by Rep. Irving Slosberg of Boca Raton, would make texting while driving a first-line offense for young drivers and would mandate any fines collected be allocated to the Emergency Medical Services Trust Fund of the Florida Department of Health.

Export-Import Bank sputters, but Miami exporters carry on

By Camila Cepero

The nation’s official export credit agency, the Export-Import Bank, suffered a lapse in authorization that lasted the latter part of last year. It has been back up and running – at least, for the most part – for exactly one year, but Miami exporters remain somewhat unfazed.

The Export-Import Bank of the United States has been unable to operate at full throttle since lawmakers in December 2015 revived its congressional authority that had lapsed in July of that year.

The bank, commonly referred to as EXIM, is the official export credit agency of the United States. It’s an independent, self-sustaining Executive Branch agency with a mission of supporting American jobs by facilitating the export of US goods and services.

Now, a year after its reauthorization, well, it’s been mostly business as usual for Miami exporters, just as it was before and during the lapse, according to an industry expert.

“People that relied on EXIMbacked financing – they felt a little pain. They had to go through the private insurance market to find an alternative until it was reauthorized,” said Hernan Mayol, chair of the Florida International Bankers Association’s Trade Finance Committee.

Nonetheless, there was no sudden crash in the activities of Miami exporters. Those that could stay afloat easily without EXIM did so until the reauthori-

Photo by Maxine Usdan

Miami exporters showed resilience in looking for other ways to mitigate their risks, said Hernan Mayol.

zation, while the others still found a way to stick it out.

“What I found with Miami exporters was their resiliency in looking for ways to mitigate their risk with other means,” Mr. Mayol said.

“The lapse was a long time,” he said. “These exporters always thought that it was going to get reauthorized quickly... The ones that were already doing business,

EXIM found a way to help them, but some were put in a holding pattern. But when they realized that EXIM was taking longer than expected [to get reauthorized],” that’s when exporters began looking for alternatives.

If exporters went to other banks that could provide an alternative, then it was a missed opportunity for EXIM. The lapse in authorization

wasn’t an “end-all game,” Mr. Mayol said, but the confidence that EXIM provided to exporters was missed.

“These companies that have been using EXIM, there is nothing better.”

Still, the bank has yet to completely recover. Currently, EXIM needs one more person to reach the three-person quorum on its five-member board

“Without a quorum, the board of directors cannot conduct any business, including considering applications for medium- and long-term transactions exceeding $10 million,” said Lawton King, an EXIM spokesperson.

In May, House Democrats urged the Senate Banking Committee chairman to confirm the Republican board nominee J. Mark McWatters, but the move was roadblocked and there are currently only two voting members on the bank’s board.

However, the majority of exporters in Florida are small enterprises, Mr. Mayol said.

Thus, the fact that EXIM can’t consider helping any business with transactions over $10 million isn’t a dire situation.

“Exporters are not going to stop their business,” Mr. Mayol said. “They’re looking at different alternatives to mitigate their business... so they can keep operating or expanding.”

In 2015, nearly 90% of EXIM’s transactions – more than 2,300 – directly supported American small businesses.

By financing the export of American goods and services, the bank has supported 1.4 million private-sector American jobs in the past seven years, supporting 109,000 jobs in 2015 alone.

And being one of the few profitable government agencies, the bank paid $675 million in fees back to the US Department of the Treasury in 2014.

Over the past 20 years, EXIM has generated nearly $7 billion more than the cost of its operations.

Commercial insurance rates creep up

By Catherine Lackner

Earlier this year, commercial insurance rates were at a 10-year low. Now, observers say, the premium decreases have slowed and rates may begin to creep up again, but it’s not because of Hurricane Matthew, which skirted South Florida in October but had an impact further north.

“There are other reasons,” said Jorge Pena, managing director of ASI Florida and past president of the Latin American Association of ‘They take existing Insurance Agencies.

“Rates are not dropping the way they were,” damage and create he said. “Some companies have left the market more. Then they bring area.” in other people to help A major factor in some insurers’ decision to leave is the unregulated water damage remediathem get the claim tion industry, he said. Insurance companies are paid. It raises costs for wary of claims that are hard to analyze, and everyone.’ some claims have been inflated, if not downright Jorge Pena fraudulent, critics say.

“It’s not so much that people are breaking

pipes on purpose, but sometimes people who have $3,000 to $5,000 in damages will inflate that claim to $15,000 to $30,000,” Mr. Pena said.

“They take existing damage and create more.

Then they bring in other people to help them get the claim paid. It raises costs for everyone.”

There was a sizable rate drop at the end of last year and in the beginning of this year, but that has leveled off, said Ryan Cassidy, a commercial insurance agent at Franklin Street Insurance Services. “Since then, it’s been mostly flat, with maybe a 10% to 15% decrease on the property side.”

This is a signal that the market is near “the bottom of the floor,” he said. “I almost relate it to gasoline prices. There is a point at which the market cannot bear it anymore, because no one is making any money.”

Mr. Cassidy doesn’t relate it to Hurricane Matthew’s near miss or any other external factor. “At this point, at least, it’s all marketplace pressure.”

‘I almost relate it to gasoline prices. There is a point at which the market cannot bear it anymore because no one is making any money.’

Ryan Cassidy

TODAY’S NEWS

WEEK OF THURSDAY, DECEMBER 8, 2016

MIAMI TODAY

23

Deal would net City of Miami offices, triple tower on river

By John Charles Robbins

Miami commissioners are being asked to give the go-ahead to a complex deal that would gain the city new government offices, reap annual lease payments for 90 years, and free up prime riverfront land for a major mixed-use development.

And city voters would get to decide whether it becomes a reality.

On today’s (12/8) commission agenda is a resolution authorizing the city manager to finalize negotiations with a developer that is promising new digs for city employees and a multi-milliondollar triple tower on the Miami River that would mean new jobs and added tax base.

The city is prepared to sell or lease its current office tower complex on the river at 444 SW Second Ave., known as Miami Riverside Center.

City officials say they’ve outgrown the brown building with its rows of tinted windows, in the shadow of I-95.

In discussing the fate of property last fall, City Manager Daniel Alfonso said land along the river has become very valuable and the Riverside Center office building is not the “highest and best use” of the site, which with the public benefit program could hold up to an 80-story building.

Earlier this year the city, with the assistance of CBRE Inc., solicited proposals to relocate its administrative hub and subsequently dispose of the present building.

The building is about 23 years old and “unable to fully and satisfactorily meet the city’s future operating and client service needs,” the request for proposals says.

The goal is a new Class A space for city administrative offices within city limits that will “functionally, securely and conveniently serve the citizens of the City of Miami.”

Two proposers showed interest but in the end, only one bidder remained: Lancelot Miami River LLC, an affiliate of the Adler Group.

A selection committee that Mr. Alfonso appointed recommends that the city negotiate a contract with the Adler affiliate.

The committee’s recommendation to proceed with negotiations includes a recommendation that the financial terms provide a greater financial return to the city.

The proposal has several parts.

In a summary, Adler says it proposes to enter a 90-year ground lease with the city with a present valuation of over $70 million.

Adler says it is “uniquely po-

F ilming

in

Adler’s plan would see creation of 1,350-residence Nexus Riverside Central with market rate housing.

sitioned to maximize the value to the [city property] given that Adler owns the adjacent property directly to the north, which includes the access easements to the [Miami Riverside Center] and the plaza in front of the city property.

“Adler has a unique understanding of the MRC Property as it relates to all of the underlying easements and is in the best position to deliver and execute a plan to provide the city with a fair market value for the property,” the summary reads.

Adler plans to construct a new 375,000-square-foot office building for the city on another site, with three possible locations mentioned in the proposal: near the Lyric Theater in Overtown, next to Marlins ballpark in Little Havana, or as part of a mixed-use project on county land surrounding the Douglas Road Metrorail Station being built by an affiliate of Adler.

Adler’s long-term plans for the river property would see the creation of Nexus Riverside Central, a project the company says would To place an ad, call (305) 358-1008 9:00 a.m. - 6:00 p.m. Monday - Friday Or Fax it to (305) 358-4811

Mesquite Productions Inc. Culver City. Bloodline (Season 3). UF Extension Center.

Deutsche Welle. Berlin. TV-report: meet a local in Miami.

Miami Beach citywide.

N House Productions. Miami. Carters. Countywide.

The Production Factory LLC. Miami Beach. Next (Kidswear). Countywide, Miami Beach citywide.

Pro One Productions Inc. Miami Beach. Fashion House AD. Countywide, Miami Beach citywide.

Pro One Productions Inc. Miami Beach. Agency Plus Size.

Countywide, Miami Beach citywide.

N House Productions. Miami. Le Redoute. Countywide, Miami Beach citywide.

Miami Dade College. North Miami. Pep! 140 BuildingMetro Flagler Building.

provide much needed market rate housing for Miami residents and activate a stretch of the growing public riverwalk.

Nexus Riverside Central would consist of about 1,350 residences in three distinct towers, a 150-key hotel along the riverwalk, and about 30,000 square feet of retail and restaurant space connecting

Fictitious Name

OPERATIONS MANAGER sought by LEMAN USA, Inc. in Miami, FL. Manage the business operations’ daily activities. Send resume to: Sue Satula, LEMAN USA, Inc., 1860 Renaissance Blvd., Sturtevant, WI 53177

Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of THE HAND INSTITUTE located at 8905 SW 87th Avenue, Suite 100, in the County of MiamiDade, in the City of Miami, Florida, 33176, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida.

Dated at Miami, Florida, this 5th Day of December, 2016.

The Hand Institute, P.L. Owner

Fictitious Name

Reprints of MIAMI TODAY make great selling tools.

Contact Angela at 305-358-2663, ext. 105

Deadline Tuesday @ 2:00 p.m Publishes every Thursday

Legal Advertising

Operations Manager

See an article you want to share?

and activating the area along the river to the frontage along Southwest Second Avenue and Southwest Third Street, according to the developer.

Adler is about to begin Phase I of the project on its existing property consisting of a 36-story multi-family project with 462 residences and 7,000 square feet

CLASSIFIED ADVERTISING

Employment

M iami

These film permits were issued last week by the Miami-Dade County Department of Regulatory & Economic Resources’ Office of Film and Entertainment, (305) 375-3288; the Miami Mayor’s Office of Film, Arts & Entertainment, (305) 860-3823; and the Miami Beach Office of Arts, Culture and Entertainment-Film and Print Division, (305) 673-7070.

Photo by Maxine Usdan

Nexus Riverside Central would rise where the city now has offices.

of retail at 230 SW Third St. On the riverfront land, Adler plans to build Phase II and Phase III that would consist of two 36-story multi-family towers with a total of 900 units (450 units each), a 150-key hotel, and 20,000 square feet of restaurant and retail space.

The summary of the proposal says “while the current MRC site is operationally challenged … the location lends itself to be an economic driver for the city.

Situated off of I-95 and along the Miami River, a disposition of the site provides an opportunity for the city to expand downtown development west along the river providing continuity and connectivity to downtown along the riverfront.”

It goes on to say the proposed redevelopment provides a unique opportunity “to generate approximately $1,550,000 in annual tax revenue once the building is completed and stabilized, as well as significant short- and long-term job creation.”

In a cover letter filed with the proposal, Adler executives say the company is a credible, capable firm that has the capacity to execute and successfully complete Nexus Riverside Central.

“Throughout its 50-year history, Adler Group has developed and acquired over 20 million square feet of industrial, office, and retail real estate and over 8,000 residential units,” the letter says.

The city administrative building is on choice land near downtown and booming Brickell, directly across the river from a proposed large mixed-use development to be called Miami River.

The high-profile parcel is also next door to city-owned open green space with three boat slips.

Any lease of city-owned waterfront property would require approval from city voters by referendum.

Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of SAMURAI FIREWORKS located at 5324 SW 153rd PL S, in the County of Miami-Dade, in the City of Miami, Florida, 33185, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida.

Dated at Miami, Florida, this 1st Day of December, 2016.

Samurai Fireworks Owner

Notice to Creditors IN THE CIRCUIT COURT FOR MIAMI-DADE COUNTY, FLORIDA PROBATE DIVISION IN RE: ESTATE OF CLARENCE ROBERT HAYTOCK, JR. File No. 2016-003623 CP 02 (Deceased) Division Probate The administration of the estate of Clarence Robert Haytock, Jr., deceased, file number 16-003623 CP 02, is pending in the Circuit Court for MIAMI-DADE, County, Florida, Probate Division, the address of which is 73 West Flagler Street, Miami, FL 33130.

The name and addresses of the personal representative and the personal representative’s attorney are set forth below.

All creditors of the decedent and other persons having claims or demands against decedent’s estate, including unmatured, contingent or unliquidated claims, on whom a copy of this notice is served must file their claims with this court WITHIN THE LATER OF 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All creditors of the decedent and other persons having claims or demands against the decedent’s estate, including unmatured, contingent or unliquidated claims, must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT SO FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED. The date of first publication of this notice is December 1, 2016.

Attorney for Personal Representative: MICHAEL A. SIEFERT, ESQUIRE Florida Bar No. 042315 351 NE Eighth Avenue Ocala, FL 34470 Phone: 352-732-0141 Personal Representative: HARRY EDWARD HAYTOCK 15791 NE 5th Avenue Trenton, FL 32693 Pub. dates: 12/01 and 12/08/16

CALL CLASSIFIED ADVERTISING AT (305) 358-1008 TO DISCUSS YOUR ADVERTISING.