Coconut Grove Village Council comes out against trolley project

The Coconut Grove Village Council on Thursday joined the chorus of opposition to a new trolley-bus fueling and maintenance garage now under construction on Douglas Road in the predominantly black West Grove.

Meanwhile, West Grove residents have lined up lawyers to fight the project, and a University of Miami law professor is asking federal authorities to assist the residents with possible civil rights issues.

The garage is part of a deal between the city of Coral Gables and Astor Development to build a luxury mixed-use complex on a site that includes the existing trolley garage. It would sit in the 3300 block of Douglas Road amid a single-family, residential neighborhood.

Although its members are elected by Grove voters, the council has no authority over land use. The Grove is a part of the city of Miami bordering the city of Coral Gables.

Council vice chair Kate Callahan cited “improper notice and improper zoning” as the reasons for the council’s objection to the facility. Members also agreed to provide funding “to help defray legal costs to stop the project immediately.” The council’s resolution will be drafted and presented at the next [Miami] City Commission meeting.

“If the Gables is going to have the luxury of the trolleys, then they should have the negative aspect as well — gas and oil spills, maintenance, the beast as well as the beauty. West Grove village is tired of having the beast dumped on their community without public discourse,” Callahan said, referring to the fact that she and other council members learned of the facility’s development through news reports rather than from City Hall.

Meanwhile, council members learned that neighborhood groups opposed to the garage have lined up lawyers to help them.

Pierre Sands, president of the Village West Homeowners and Tenants Association, or HOTA, said he met with two local attorneys and a third by conference call who had agreed to provide pro bono counsel to affected West Grove residents.

“There is a land use attorney on board and very excited about taking us on. They’ve indicated it’s pro bono. That’s the first victory this community has had,” Sands told the council.

Coral Springs-based land use and zoning attorney Ralf Brookes said he is one of the lawyers who has agreed to take the case.

“The minority neighborhood would bear the burdens of trolley maintenance including public health impacts, but has been denied the benefit of federally funded trolley service for years,” Brookes said in an email on Friday.

Also volunteering his services was Lowell Kuvin, who became a lawyer after Coral Gables cited him for violating a city ordinance against parking a pickup truck overnight in a residential neighborhood. Kuvin lost his case in court, but city voters repealed the law at the polls in November.

"I believe there are many issues here,” Kuvin said Friday. Is the West Grove being singled out as a receptacle for industrial complexes that other cities don’t want? Did the city follow its own zoning laws? Were people properly noticed?"

Meanwhile, students under University of Miami professor Anthony Alfieri, who directs the law school’s Center for Ethics and Public Service, have been conducting legal research into some of the issues surrounding the trolley facility, including questions of civil rights.

“We are reaching out to the U.S. Department of Justice and the U.S. Attorney’s Office in the Southern District [of Florida] to assist in providing community education and civil rights workshops to residents in the West Grove. We’ll be asking them to explain to affected homeowners and nonprofits how they can initiate a civil rights investigation of the cities of Coral Gables and Miami,” Alfieri said.

Gables officials asked Astor to find a new site for the trolley garage in exchange for the old one. Unable to find a suitable site in Coral Gables, the company found the site in the Grove. Under Miami’s 2010 zoning ordinance, called “Miami 21,” approval of the project did not require a public hearing, according to the city.

Plans call for the garage to be completely enclosed and air-conditioned to contain noise, fumes and odors, and work will be limited to basic maintenance, the city said.

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Bioethics commission meets at UM to consider testing anthrax vaccine on children

In “Dark Zephyr,” fictional terrorists released a cloud of anthrax on San Francisco. Adults were successfully vaccinated, but doctors didn’t know the safe dosage to give children.

Fortunately this was just a practice exercise in emergency response in 2011. But the realization that modern medicine had no protocol to protect children from a deadly bacterial pathogen prompted U.S. Secretary of Health Kathleen Sebelius to ask the Presidential Commission for the Study of Bioethical Issues to consider the ethics of using healthy children in anthrax vaccine research.

The discussion has taken the 13-person commission a full year. The central question is to find the balance between the hypothetical risk of not knowing how to treat children in an anthrax bioterrorism attack and the real risk to healthy children who would participate in a study.

The commission, composed of leaders in medicine, social policy and law, met at the University of Miami Miller School of Medicine this week for the last of four sessions to publicly ponder these ethical issues. The UM Ethics Program has long been identified by the World Health Organization as one of the six global “Collaborating Centres for Bioethics.”

Amy Gutmann, the commission’s chair, reminded participants the commission’s role is advisory only. “The question we must address is whether the U.S. Government could ethically support a pediatric [anthrax vaccine] study under any circumstance,” Gutmann said. “We will not render a final decision as to whether a particular study should move forward. Nor are we working to justify any particular protocol or outcome.”

An existing vaccine is routinely administered to adults in the military and other fields to protect against anthrax spores that are deadly if inhaled. Before the vaccine can be ethically researched with children, new trials in young adults should occur, said Col. Nelson Michael, director of the U.S. Military HIV Research Program and member of the commission. These studies would administer lower doses of the vaccine to determine the safest dosage in 18- to 20-year old adults.

Such studies would not be efficacy studies, however, which have been done in animals. Researchers would never infect humans with anthrax for a study, according to Michael, who is an expert in vaccine research.

“It would be completely unethical to conduct an anthrax challenge trial in humans,” Michael said.

The issues surrounding this research question are unprecedented in bioethics for a few reasons, according to Lisa Lee, the director of the commission’s staff. First, testing an anthrax vaccine on healthy children is unlike other pediatric research because research subjects will enjoy no direct benefit, as would, for example, a child with cancer who could be saved by previously untested treatment.

Second, anthrax is not a naturally occurring disease, and the probability of an attack is “unknowable.’’ The capability to use anthrax as a biological weapon is widely acknowledged, since letters infected with anthrax spores were sent to politicians and media outlets in 2001, killing five people. (A 2010 FBI investigation blamed the attacks on an Army scientist who helped develop the anthrax vaccine and later committed suicide.) Security analysts have presented their interpretation of the likelihood of a bioterrorism attack, but even the best intelligence cannot put a percentage on the chance that terrorists will unleash anthrax on American cities.

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Amazon holiday results to show sales tax impact

SAN FRANCISCO (Reuters) – Acting as a tax collector may have hurt Amazon.com, Inc’s holiday sales analysts and industry executives said, but they expect to know more when the internet retailer reports its fourth-quarter results on January 29.

Best Buy Co., an archrival of Amazon in consumer electronics, saw holiday online sales increase in three states where Amazon started collecting sales tax ahead of the period.

“There was a little softness in states where Amazon is now collecting sales tax,” said R.J. Hottovy, an equity analyst at Morningstar. “That isn’t surprising to me. It levels the playing field for brick-and-mortar retailers.”

Critics of Amazon argued it had an unfair advantage because most retailers have had to collect state sales tax on online sales for years because they have stores and other physical operations in these locations.

But many states, hungry for extra tax revenue in the wake of the 2008 financial crisis, introduced new laws requiring that Internet-only retailers also collect sales tax. Brick-and-mortar retailers hope the requirement will reduce Amazon’s price advantage and help them recoup lost sales.

CHANNELADVISOR DATA

Amazon, the world’s biggest Internet retailer, began collecting sales tax of 7.25 percent to 9.75 percent in California on Sept 15, about two weeks before the start of the fourth-quarter. Third-party sellers on Amazon.com saw a drop in sales during the quarter, compared to other states, according to an analysis by e-commerce firm ChannelAdvisor.

It also started collecting sales tax in Pennsylvania in September and in Texas in July.

Amazon’s fourth-quarter results should provide clues on whether consumers changed their shopping habits when faced with higher taxes on their purchases from the company’s website.

ChannelAdvisor, which helps merchants sell more online, analyzed its clients’ sales on Amazon.com in California, and compared them to other states before and after the sales tax kicked in.

Before Amazon began collecting the tax in California, ChannelAdvisor client sales were 5 percent to 10 percent above other states. The week before the September 15 start of the tax, sales spiked as high as 70 percent compared to other states.

“The surge before the tax went into effect was much larger than I thought it would be,” said Scot Wingo, chief executive of ChannelAdvisor. “Californians definitely bought a lot in the three or four days before the tax went into effect.”

After Amazon began collecting tax, its California sales leveled with other states. Then, in early November, they slipped as much as 10 percent below other states, ChannelAdvisor data showed.

During one of the busiest holiday periods, in late November and early December, sales dipped further in California vs other states. Toward the end of the holiday period, client sales in California recovered, the data showed.

“There was a sales impact of about 10 percent at the worst point of the dip,” Wingo said. EBay, another Amazon rival, is an investor in ChannelAdvisor. Wingo also owned Amazon shares, but sold them in the fourth quarter for personal tax-related reasons.

Amazon’s tax collection in California had the most impact on fourth-quarter sales of more expensive items priced at $ 200 to $ 250, Wingo said.

PRICES, PROFIT

Amazon probably lowered prices by 8 percent to 9 percent on items most affected by this, although it is tricky to separate such reductions from the usual holiday season promotions that were also happening, Wingo said.

The extra price competition may dent Amazon’s profitability in the fourth quarter, Morningstar’s Hottovy said.

Amazon is expected to make 52 cents a share in the fourth quarter, on revenue of $ 22.3 billion, according to Thomson Reuters I/B/E/S. In late October, the company forecast operating results ranging from a profit of $ 310 million to a loss of $ 490 million.

Hottovy expects $ 22.4 billion in revenue and an operating loss of $ 210 million, or a $ 135 million loss after excluding stock-based compensation and other operating expenses.

BEST BUY

In California, Texas and Pennsylvania, Best Buy said it saw a 4 percent to 6 percent increase in online sales during the holiday versus the rest of its chain.

The retailer also saw an increase of 6 percent to 9 percent in online orders that are picked up in its stores in those three states compared with the rest of its chain.

Overall, Best Buy reported better-than-expected holiday sales last week, sending its shares up more than 10 percent.

“This makes Amazon equal to everyone else. They no longer have that sales tax advantage,” said Anne Zybowski, vice president of retail insights at Kantar Retail. “If this had happened to Amazon when they were just a bookseller years ago, they may not be as big as they are now.

Despite the tax changes, Amazon’s consumer electronics prices were still at least 5 percent below Best Buy’s during the holiday season, Zybowski said. But Best Buy may have benefited from even a small change in this area.

“Particularly in consumer electronics, any narrowing of Amazon’s price advantage at the margin is important because Best Buy brings service and other shopper benefits to the category,” she said.

Best Buy will take away people’s old TVs when they buy a new one and the company’s Geek Squad service will install devices in shoppers’ homes, services Amazon does not provide, she noted.

An Amazon spokesman declined to comment when asked if the company saw an impact on fourth-quarter sales from the collection of sales taxes in the three states.

In the past, Amazon executives have said there was little or no impact from such changes in other regions.

Several analysts have argued that shoppers use Amazon for its vast product selection and convenient, fast shipping and returns, and not just its low prices.

“While not great for Amazon, it’s just one of many consumer benefits its service offers,” said Ken Sena, an analyst at Evercore Partners. “And while there may be early effects from this change, I still see usage trends remaining in Amazon’s favor.”

(Editing by Leslie Gevirtz)

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Advice Columnist Pauline Friedman Phillips 'Dear Abby' Dies

Longtime newspaper advice columnist Pauline Friedman Phillips -- who wrote Dear Abby under the name Abigail Van Buren -- has died at age 94.

Her publicist confirmed to the Associated Press that Phillips died Wednesday after a long battle with Alzheimer's disease.

PICS: Star Sightings

Since her family revealed in 2002 that Phillips had been diagnosed with Alzheimer's, her daughter, Jeanne Phillips (pictured above), has been the sole author for the syndicated Dear Abby column.

Phillips' column competed for decades with the advice column of Ann Landers, which was written by her twin sister, Esther Friedman Lederer, who died in June 2002. 

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Breaking God: Former Roman Catholic priest busted for selling meth to feds

BRIDGEPORT, Conn. — A former Roman Catholic priest is among five people who have been indicted by a federal grand jury in an alleged drug operation involving shipments of methamphetamine to Connecticut from California.

Federal prosecutors said Kevin Wallin, 61, former pastor at St. Augustine's parish in Bridgeport, received the shipments and sold methamphetamine to an undercover officer six times since last September. Prosecutors say investigators also gathered evidence from court-authorized wiretaps.

The grand jury in Bridgeport indicted the five people Tuesday on charges of conspiring to distribute 500 grams or more of a substance containing methamphetamine and 50 grams of actual methamphetamine. Wallin, of Waterbury, was also charged with six counts of possession with intent to distribute methamphetamine. The conspiracy charges carry 10 years to life in prison upon conviction.

Connecticut Post

Kevin Wallin

All five are detained. It's not clear if they have lawyers.

Also charged are Kenneth Devries, 52, of Waterbury, Michael Nelson, 40, of Manchester, Chad McCluskey, 43, of San Clemente, Calif., and Kristen Laschober, 47, of Laguna Niguel, Calif.

Wallin resigned as St. Augustine's pastor in June 2011 after serving nine years in the post, citing health and personal issues, the Diocese of Bridgeport said in a statement. Diocese officials granted him a sabbatical the following month.

During the sabbatical, diocese officials became concerned about Wallin's well-being and reached out to him, but he has never spoken directly to church officials, the diocese said in the statement, which did not elaborate.

Wallin's faculties for public ministry were suspended in May 2012 and he has not been reassigned, the diocese said.

"News of Msgr. Kevin Wallin's arrest comes with a sense of shock and concern on the part of the diocese and the many people of Fairfield County who have known him as a gifted, accomplished and compassionate priest," the diocese said. "The diocese stands ready to help as it has throughout the past two years. We ask for prayers for Msgr. Wallin during the difficult days ahead for him."

Wallin was a close friend of former Archbishop of New York Edward Egan and advised Egan in the early 2000s when Bishop James McCarthy and Monsignor Charles Kavanagh were forced to resign over sexual improprieties..

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JM Family Enterprises and Baptist Health South Florida make FORTUNE’s list of best companies

Two South Florida companies made the ranking on FORTUNE magazine's 2013 list of the “100 Best Companies to Work For” in America, released on Thursday.

Diversified automotive company JM Family Enterprises, based in Deerfield Beach, was ranked No. 32, marking its 15th consecutive year on the list. Two-thirds of the company’s score is based on responses to an anonymous survey sent to 1,664 randomly selected associates in the United States, and the remainder is determined by an evaluation of the company’s overall culture, JM Family Enterprises said.

Baptist Health South Florida also made FORTUNE’S list, coming in at No. 76. Baptist Health, based in Miami, has 14,145 employees, up 6.8 percent in 2012, according to FORTUNE.

INA PAIVA CORDLE

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Facebook search to generate revenue, no rival to Google: analysts

(Reuters) – Facebook Inc’s new search tool has strong potential to generate revenue for the social networking company, though it is unlikely to challenge Google Inc as the world’s dominant search engine, Wall Street analysts said on Wednesday.

Facebook’s “graph search” tool, rolled out on Tuesday, lets its more than 1 billion users trawl their network of friends to find everything from restaurants to movie recommendations and is the company’s biggest foray into online search.

Graph search contains some category suggestions that can be easily monetized, BofA Merrill Lynch analysts said in a note.

“It should be easy to incorporate commercial search results via Facebook’s partnership with Bing,” they added.

Facebook currently has a partnership with Microsoft Corp, whose Bing search engine provides search results for external websites. Microsoft also integrates certain Facebook results into its Bing search results.

BofA Merrill Lynch analysts estimated Facebook could add $ 500 million in annual revenue if it can generate just one paid click per user per year, and raised its price target on the stock by $ 4 to $ 35.

Facebook’s shares were flat at $ 30.10 in early trading on Wednesday. They have jumped about 50 percent since November to Tuesday’s close after months of weakness following its bungled Nasdaq listing in May.

However, analysts at J.P. Morgan Securities said the lack of a timeline for the possible launch of graph search on mobile devices may weigh on the tool’s prospects.

The success of the graph search, which will rely heavily on local information, depends on Facebook launching a mobile product, the analysts said. Half of all searches on mobile devices seek local information, according to Google.

Graph search also lacks the depth of review content of Yelp Inc, the analysts added.

Pivotal Research Group analyst Brian Wieser said monetization potential would be largely determined by Facebook’s ability to generate a significant portion of search query share volumes and he expects that quantity to be relatively low.

“Consumers are likely to continue prioritizing other sources, i.e. Google. Advertisers would consequently only use search if they can, or are perceived to, satisfy their goals efficiently with Facebook,” Wieser said.

NO GOOGLE KILLER

Analysts mostly agreed that Facebook’s search tool was unlikely to challenge Google’s dominance in web search at least in the near term.

“As of now, we do not see Graph Search as a threat to Google Web search. Looking forward, Facebook Graph searches could be competitive with certain categories of Google searches, such as Places and Maps,” BofA Merrill said.

Internet search, social networking tools and e-commerce are among the biggest weapons that companies such as Facebook, Google and Amazon.com Inc have in their battle for supremacy. A successful combination of the three could win the day for them.

Google has been trying to combine social networking and search for more than a year by integrating Google+ into its search engine.

“Overall, Graph Search offers users a unique view to information not available on Google, but does not replace Google. We view the relationship between Facebook Graph Search and Google as both competitive and complementary,” Piper Jaffray & Co analysts said.

The brokerage said users looking to buy a cellphone, for example, could search for friends’ reviews on Facebook and expert reviews on Google.

(Reporting by Sayantani Ghosh in Bangalore; Editing by Sriraj Kalluvila)

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Beyonce GQ Cover Shoot BRoll

Earlier this week, ETonline revealed that Beyonce had been named Miss Millennium in the February issue of GQ and now we've got some behind-the-scenes video of her steamy photoshoot!

PHOTO - Beyonce Debuts Her Incredible Post-Baby Body

Titled Home Alone with Miss. Millennium, the video chronicles Terry Richardson's sexy shoot with the new mom (although you'd never know it judging from her bangin' bod)!

VIDEO - Beyonce Reveals Blue Ivy's Ultrasound

So go inside Beyonce's filthy (you'll see) photoshoot, and click here to see the other 99 women who were named to GQ's list of The Millennium's Sexiest Women!

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Geriatric Colombo underboss must see out 8 year sentence: court

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Miami Dolphins bill would bring state money to aging stadiums

A bill drafted by the Miami Dolphins would give Florida sports teams $3 million a year in state money to improve older stadiums, provided the owner pays for at least half the cost of a major renovation.

Under the law, the stadium would need to be 20 years old and the team willing to put in at least $125 million for a $250 million renovation. That’s less than the $400 million redo of Sun Life Stadium that Dolphins owner Stephen Ross proposed this week, which he hopes will win state approval thanks to his offer to fund at least $200 million of the effort to modernize the 1987 facility.

Miami-Dade and Florida would fund the rest through a mix of county hotel taxes and state general funds set aside for stadiums. Sun Life currently receives $2 million a year through the program, and the Dolphins want to create a new category that would give them an additional $3 million.

While the Miami Marlins and Miami Heat both play in stadiums subsidized by county hotel taxes, the Dolphins receive no local dollars. The bill would change that by allowing Miami-Dade to increase the tax charged at mainland hotels to 7 percent from 6 percent, and eliminate the current rule that limits the money to publicly owned stadiums. Sun Life Stadium, in Miami Gardens, is privately owned but sits on county land.

The bill pits enthusiasm for one of Florida’s most popular sports teams against a lean budget climate and lingering backlash against the 2009 deal that had Miami and Miami-Dade borrow about $485 million to build a new ballpark for the Marlins. Ross also must navigate a Republican-led Legislature that has twice rebuffed his requests for public dollars.

“I would be surprised if that bill even got a hearing in committee,” said Mike Fasano, a Republican representative from the Tampa area and a critic of tax-funded sports deals. “I’m a big Dolphin fan, and have been for years. But with all due respect, we’ve got people who are struggling throughout this state right now . .. The last thing we should be doing is giving a professional sports team or facility additional tax dollars.”

While the bill would open up the $3 million subsidy to other the teams, the Dolphins see it as unlikely that another owner would be willing to put up as much money for renovations as Ross, a billionaire real estate developer.

If the bill were enacted today, any stadium opened before 1993 would be eligible for the money, provided it could show the proposed renovation would generate an additional $3 million in sales taxes.

Ross and his backers are pitching the renovation as a boon to tourism, with Sun Life a magnet for the Super Bowl, national college football games and other major events. The National Football League is considering South Florida and San Francisco for the 2016 Super Bowl, and the Dolphins say approval of renovation funding is crucial to winning the bid.

Sen. Oscar Braynon, D-Miami Gardens, who sponsored the Senate bill, said the funding makes sense because when Sun Life hosts a Super Bowl, the entire state benefits from both tourism dollars and publicity.

“It’s a small price to pay for economic development, and for all the shine we get from major sporting events,” said Braynon, whose district includes Sun Life. Rep. Eduardo “Eddy” Gonzalez, R-Hialeah, is the sponsor on the House side.

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