Miami-Dade to swear in mayor, commissioners

Miami-Dade Mayor Carlos Gimenez will officially begin his first full term Tuesday morning, when he will be sworn in following his August electoral win.

The mayor has been in office for more than a year — but that was filling in for the remainder of ousted Mayor Carlos Alvarez’s term. Gimenez defeated six candidates, including outgoing Commission Chairman Joe Martinez, and now gets four years of his own to govern. He can seek reelection in 2016.

Seven commissioners will also be sworn in, including Juan C. Zapata, Martinez’s successor and the only new member of the board. The Colombian-American Zapata will become the first South American on the commission.

Four incumbents — Bruno Barreiro, Audrey Edmonson, Barbara Jordan and Dennis Moss — won reelection, and two more — Esteban “Steve” Bovo and Xavier Suarez — were automatically reelected without opposition.

Like Gimenez, Bovo and Suarez were finishing former commissioners’ terms and will now begin their first four-year terms.

After the swearing-in, the clock will start ticking for new, eight-year commissioner term limits voters approved earlier this month. The limits do not apply retroactively to time commissioners have already served on the dais.

The swearing-in ceremony will be held at 9:30 a.m. at the South Miami-Dade Cultural Arts Center, 10950 SW 211th St., Cutler Bay.

A regularly scheduled commission meeting will later be convened at 2 p.m. at the County Hall commission chambers, 111 NW 1st St., Miami. There, the board will elect a new chair and vice-chair to serve a two-year term.

The chairmanship race appears unusually wide open this year, with more than a handful of commissioners interested in the job and no clear frontrunner. The chair presides over meetings, sets the agenda for the board, creates committees and could take over some of the mayor’s powers in the event of a mayoral vacancy.

Among the items on Tuesday’s meeting agenda is awarding a $25 million contract to Munilla Construction Management to build a Metrorail train test track at the county’s Lehman Center rail yard.

The 2,500-foot track raised some controversy earlier this year when the county was awarding a separate, more than $300 million contract to purchase 136 new Metorail trains. The runner-up Spanish firm that did not win that contract complained that the new track would unfairly benefit the Italian firm ultimately chosen to build the trains that did not have a U.S. track of its own.

The county, which currently tests its trains on existing rail tracks overnight, says it has wanted the track for years, and that the bid is unrelated to the new trains purchase.

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Google should not be accused of “unfair” acts: lawmakers

WASHINGTON (Reuters) – Two lawmakers urged the Federal Trade Commission on Monday to steer clear of expanding its authority as it investigates allegations search engine company Google violated antitrust law.

The two California Democrats in the House of Representatives, who count Google as a major campaign contributor, asked the FTC not to accuse the company of “unfair” acts if it believes it broke antitrust law.

Anna Eshoo, on the Energy and Commerce Committee, and Zoe Lofgren, who is on the Judiciary Committee, said there were reports to suggest the FTC planned to use the unfair standard to avoid proving some elements required in an antitrust claim.

They said such a move could lead to over-broad authority for the FTC that could create legal uncertainties for firms and stifle economic growth.

“Such a massive expansion of FTC jurisdiction would be unwarranted, unwise, and likely have negative implications for our nation’s economy,” the lawmakers wrote in the letter, which was dated November 19 and sent to the five FTC commissioners.

The FTC is looking into a long list of complaints brought by rivals of Google, which is also accused of using its dominance to squash competitors in vertical search areas such as shopping and travel.

The FTC staff has reportedly given the commission a report urging them to file a complaint against Google for suing competitors based on standard essential patents and asking for injunctions to stop the sales of their products. Standard essential patents are supposed to be broadly licensed at a fair rate.

Google is the seventh largest contributor to Eshoo, donating $ 13,000 during the 2012 election cycle, according to data from the Center for Responsive Politics. It is the third largest contributor to Lofgren, who got $ 14,500 from Google. The donations came from a Google political action committee and employees and lobbyists associated with Google.

Complaints about Google to the FTC over standard essential patents arise from a raft of litigation between Apple Inc, Google and Microsoft Corp, which have sued each other numerous times in various countries, each alleging that their respective patents are being infringed upon by rivals in the highly competitive smartphone market.

In many cases, the companies ask that their rivals’ products be banned from stores. Many antitrust enforcers believe it is inappropriate for companies to ask for sales bans based on the infringement of essential patents.

FTC Chairman Jon Leibowitz, who is expected to leave the agency soon, said in mid-September that he expected a decision in the case by the end of the year. A decision could be in the form of a lawsuit or, more likely, a settlement.

Google has settled with U.S. law enforcement agencies in the past.

For example, it settled with the FTC following privacy gaffes during the botched roll-out of its social network, Buzz. Later, it paid $ 22.5 million to settle charges that it bypassed the privacy settings of customers using Apple’s Safari browser.

Google also paid a $ 500 million settlement in 2011 to the Justice Department for knowingly accepting illegal advertisements from Canadian pharmacies selling in the United States.

FTC spokesman Peter Kaplan confirmed that the commission had received the letter but said the agency declined comment.

(Reporting By Diane Bartz; editing by Andrew Hay)

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Stars Party Gangnam Style Backstage at AMAs

BET's Rocsi Diaz acted as a special correspondent for ET at the American Music Awards on Sunday, getting up close and personal with the stars backstage, who were all big fans of Korean pop star Psy.

PICS: The Fierce & Fabulous Styles of the 2012 AMAs

While Psy performed his hit song Gangnam Style, Rocsi used her Nokia Lumia 920 to capture the scene backstage where even Carrie Underwood was dancing along to the tune.

Psy was joined onstage by MC Hammer, who also accompanied him backstage for our interview.

"Twenty years ago, I saw MC Hammer on the TV in Korea and he said, 'You can't touch this.' And 20 years later, I can touch him," joked Psy, patting Hammer on the shoulder.

Watch the video to check out all the star pics Rocsi took with her Nokia Lumia 920.

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Madonna selling Central Park West apartment for $23.5M

The Material Girl’s apartment is up for sale for $23.5 million.

Madonna’s co-op at 41 Central Park West – along 64th Street – was placed on the buying block today, the Post has learned.

It’s a duplex on the fifth and sixth floors that contains more than 6,000 square feet -- with nearly 110 feet of windows facing Central Park.

The exclusive pad comes with two great rooms that have Juliet balconies, five large wood burning fireplaces, four separate bedroom wings, eight baths, a Chef's eat-in- kitchen, and ceilings higher than 10 feet, according to the listing.

Arabella Buckworth, of Brown Harris Stevens, and Adam Modlin, of The Modlin Group, have the co-listing.

The apartment has also been the subject of some controversy, The Post has previously reported.

The pop icon settled a lawsuit with her upstairs neighbor, Karen George in 2011. The suit charged that Madonna blasted music and danced too loudly, and that the co-op board didn’t try to stop the problem.

Madonna moved out of the building last year and moved in to an East Side townhouse.

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Growing middle class feeds spirits business in Latin America

Diageo executive Randy Millian is proud of the fact that eight out of every 12 times someone pours a standard or premium whiskey in the Latin American and Caribbean region, they’re drinking one of his company’s brands.

That kind of dominance is why the spirits giant is bullish on its future in Latin America, which recently has been the fastest growing region for Diageo worldwide. In 2012, the Latin America and Caribbean region represented 12 percent of Diageo’s net worldwide sales and 11 percent of the company’s operating profit. Diageo hopes Brazil will become one of its top three markets by 2017, behind the U.S. and the United Kingdom.

But getting there hasn’t been easy. During periods of economic and political unrest in the region over the last decade, there were times when it would have been more profitable for Diageo to pull back, said Millian, president of Diageo Latin America and the Caribbean. Yet, the company focused on growing its scotch business across the region and it paid off. Over the last eight years, Diageo has increased sales more than two and a half times and almost tripled its operating profit.

“I believed it would get good,” said Millian, who supervises more than 3,000 employees across the region and 119 in Miami. “But I’m not sure I realized it would get this good.”

Millian has been running the region out of Diageo’s Miami office for more than a decade. But he’s also no stranger to this part of the world. He first lived in Argentina as a child and during his career has done stints in Venezuela, Brazil, Mexico and Costa Rica.

The Miami Herald sat down with Millian during a media day, which was part of a Diageo investor conference in Miami spotlighting the success in the Latin American and Caribbean region. Here is some of what Millian had to say:

Q. Has your growth over the last decade been comparable to Diageo’s growth around the world?

We would definitely be in the top positions in the league within Diageo. That’s one of the reasons they’re focusing on us. Like many corporations, the emerging markets have a huge potential for growth. I’m including Asia-Pacific, Africa and Latin America. We are seeing higher growth rates than we are seeing in the developed world, especially Europe. Although the U.S. is starting to come back, the growth rates in the emerging markets are significantly higher.

Q. What is driving the growth Diageo is experiencing in Latin America?

The improved demographics. You now have over 50 percent of the population who is middle class. You have had an increase in spending. Not only are there more people in the middle class, but you have more people in the (upper) class. We expect over the next year to have 60 million more people in the (upper) class. They’re also learning to spend money in different ways.

Q. In what countries do you see the most growth or most opportunities for future growth? Is Brazil the main focus?

There has been broad growth in Brazil, Colombia, Mexico, Chile and Peru. We have seen it all over, but those would be the ones we’re focusing on. It’s not just Brazil, it’s throughout the region.

Q. Why did you remain committed to this region over years when there was not a lot of growth and there was a lot of political and economic unrest in some countries?

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Catholic church in Miami sends storm supplies to Cuba

The first plane filled with supplies for Hurricane Sandy victims in Cuba will take off on Monday from Miami, the Archdiocese of Miami announced.

Before slamming the Northeast, the hurricane battered Santiago de Cuba in the southeastern section of the island, leaving many homeless.

At a 9 a.m. Monday news conference at Miami International Airport, Archbishop Thomas Wenski will give the flight an official send-off.

In attendance will be Raul Dube, owner of Miami Air Cargo, who donated the plane that will carry 9, 000 pounds of food supplies, including powdered cans of Parmalat milk, rice, beans and Vienna sausage.

In Cuba, the plane will be greeted by members of Caritas Cuba and the Daughters of Charity who will oversee the transportation and distribution of the food to the needy areas.

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Man demoted for Facebook comments wins case

LONDON (AP) — Britain‘s High Court ruled Friday that a Christian was unfairly demoted for posting his opposition to gay marriage on Facebook.

Adrian Smith was stripped of his management position with the Trafford Housing Trust in northwest England and had his salary cut by 40 percent after posting that gay weddings in churches were “an equality too far.”

The trust said Smith broke its code of conduct by expressing religious or political views that might upset co-workers.

But High Court judge Michael Briggs ruled Friday that Smith had been “taken to task for doing nothing wrong” and found his employer guilty of breach of contract.

Smith said he was glad the court had backed the principle that “Britain is a free country where people have freedom of speech.”

And he received support from veteran gay rights and civil liberties campaigner Peter Tatchell, who said Smith’s employer had overreacted.

“In a democratic society, Adrian has a right to express his point of view, even if it is misguided and wrong,” Tatchell said.

Trafford Housing Trust chief executive Matthew Gardiner, said he “fully accepted” the court’s decision and had apologized to Smith, though it was not clear whether he would be reinstated.

In Britain, same-sex couples can currently form civil partnerships, which carry the same legal rights as marriage. The government wants to change the law to include gay marriage, a move opposed by many religious groups.

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Breaking Dawn Part 2 Wins Box Office

Breaking Dawn: Part 2 took in a staggering $141.3 million for its debut, the eighth biggest opening weekend of all time.

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The final installment of the Twilight Saga series eclipsed its runner-up Skyfall by nearly a hundred million dollars. The latest Bond film earned $41.5 million in its second weekend in the U.S..

Lincoln, starring Oscar-winner Daniel Day Lewis, placed third with $21.0 million. The Steven Spielberg-directed film beat out Wreck-It Ralph, which took in $18.3 million.

Denzel Washington's Flight rounds out the top five with $8.6 million.

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Manhattan borough head Stringer to run for city comptroller

Manhattan Borough President Scott Stringer will run for city comptroller next year, he announced Sunday in a move that will also reverberate through closely watched maneuvering for the mayor’s race.

Stringer had been among Democrats considered likely to run to replace Mayor Michael Bloomberg, whose third and final term ends next year. Now, the borough president is entering a race with some complicated political dynamics in its own right. Incumbent Democratic Comptroller John Liu is a likely mayoral candidate, though he has been laboring under a political cloud since a federal investigation into his 2009 campaign fundraising led to two arrests. Liu hasn’t been charged with any wrongdoing.

Stringer has been borough president for seven years and was a state assemblyman for 13. So far, he’ll face City Councilman Daniel Garodnick in the Democratic field for the comptroller’s race; Democratic Councilman Domenic Recchia also is viewed as a likely contender.

Stringer said he has the experience to take on the city’s financial challenges, which now face the added strain of Superstorm Sandy recovery costs.

“To me, the comptroller is an incredibly consequential office, and it’s never been more important,” Stringer said by phone Sunday, as he also announced endorsements from former Mayor Ed Koch, Rep. Jerrold Nadler and others. “I want to work to get the city back on sound financial footing.”

Even before the storm, the city was facing a more than $600 billion budget hole this year and a $2.5 billion forecast deficit next year. Although the complete storm expenses haven’t been tallied, emergency contracts for shoring up beaches, picking up debris and other tasks have cost more than $120 million, and officials agreed this week to spend $500 million to jump-start repairs to public schools and hospitals.

There had been talk for months that Stringer, 52, might ultimately seek the comptroller’s seat instead of the mayoralty. He had lagged other potential Democratic mayoral contenders in polls; a NY1-Marist poll of registered Democrats last month showed him getting support from 6 percent, behind City Council Speaker Christine Quinn at 23 percent, former city Comptroller Bill Thompson at 15 percent, Liu at 9 percent and Public Advocate Bill de Blasio at 8 percent. Di Blasio endorsed Stringer for comptroller Sunday; Liu, Quinn and Thompson praised his acumen and accomplishments but didn’t make any endorsement for now.

Asked about the choice, Stringer said he felt he could “have the biggest impact” as comptroller.

As the city’s chief financial officer, the comptroller makes recommendations about various policies, manages city pension funds, analyzes the budget and audits agencies and programs.

Stringer noted that he served as a trustee of the city employees’ pension fund and, as borough president, has issued reports questioning city spending money in areas ranging from housing to education.

Garodnick’s campaign reiterated Sunday that the former securities litigator is running regardless of the field.

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Panama Canal’s $5 billion makeover could be boon for South Florida

PANAMA CITY, Panama --
Huge yellow dump trucks resemble Tonka toys in a sand pile as they haul tons of rust-colored dirt and basalt rock from a 56-foot gash in the earth that will become a new access channel in the $5.25 billion expansion of the Panama Canal.

The trucks keep rumbling up muddy terraced slopes as a quick-moving storm blurs the horizon. The rain chases away workers pouring concrete for a mammoth set of locks that will lift super-size ships for their transit across the narrow Isthmus of Panama, but the crews are back in the pit as soon as the sun returns.

By April 2015, it will all be under water — ready for the ever-bigger vessels revolutionizing international trade. The expansion is expected to double the canal’s capacity.

The 2015 target is about six months behind schedule, but U.S. ports are still scrambling to ready their channels for so-called post-Panamax ships and some say they welcome the reprieve. At this point, Baltimore and Norfolk, Va. are the only ports along the Eastern Seaboard with channels deep enough to handle the vessels when they’re fully loaded.

Call it the race for deep water as ports up and down the East Coast, including PortMiami and Port Everglades, and along the Gulf of Mexico make plans to dredge their channels, shore up their docks or rustle up funding for renovations to receive the big ships. Many won’t be ready by the time water floods the new locks.

PortMiami in position to cash in

PortMiami is further along than most and is hoping that early advantage and its position as the first major U.S. port north of Panama will make it a preferred port of call for post-Panamax ships.

Latin American and Caribbean ports also are trying to figure out how to capitalize on the expansion.

As this new phase of canal construction nears completion with 13,000 people working around the clock, there is renewed interest in preserving the history of the old Panama Canal Zone as well as the legacy of those who worked and died building the canal.

While the 50-mile-long Panama Canal has provided a maritime shortcut between the Atlantic and Pacific for the past 98 years, it’s just about maxed out.

This year vessels from the four corners of the globe — car carriers from Japan, bulk carriers loaded with soybeans and wheat from the U.S. heartland, oil tankers, towering container ships carrying the output of Chinese factories to U.S. retailers — are expected to move a record 332 million tons of cargo through the waterway, said Jorge L. Quijano, chief executive of the Panama Canal Authority.

That’s only about 20 million tons short of the canal’s capacity, he said. The canal is also popular with cruise lines and dozens of cruise ships are being built that exceed the size limits of the current canal.

But the more immediate problem is that the huge cargo ships increasingly favored for trade with Asia are too wide, too long and too heavy for the current canal.

With a growing number of ships in the post-Panamax category — exceeding the specifications for the largest ship that can fit through the existing locks — the Panama Canal must expand or risk losing market share.

And post-Panamax vessels aren’t even the biggest on the high seas. Post-Panamax Plus ships, such as most U.S. tankers that carry liquefied natural gas bound for Asia, are five times too big for the Panama Canal.

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