All I can say is if the legislature or the governor think this is a good time to fund this sham, at a time when they are cutting high priority funding from the poor handicapped, our schools, our states attorneys and so much more, then I want my taxes that I pay to the state back. This is just wrong. WRONG!
So TBARTA and the Tampa Bay Partnership are strong supports of this project and its importance to the state - and somehow you are the expert? Please. The content on this website is at best misleading. I'm not sure if you and Dockery were in the same sorority, but it's clear that if she jumped off a bridge you would follow.
As someone who understands the importance of the project, I'm glad this type of misinformation is being addressed - finally.
Not that I expect to see this comment posted on your site...
23:52
You are wrong. This website has factual information that is not getting out to the public. Information that has been known about from the beginning, but CSX and their cronies in government don't want anyone to hear. You are saying that people who have something to gain are experts? If you believe that, then I can sell you a round trip ticket to visit Santa's workshop where you can ride a *real* flying reindeer. You don't have to read it if you don't want to know the truth of the matter, but the only people selling a pack of lies is CSX and their PR/Marketing Firm.....and those in government who will be benefiting financially. I WISH they would let the citizens vote on this. The majority of people in Polk County think this is a sham! There is nothing misleading about this site. I am glad that FINALLY someone is getting the truth out.
This is a terrible deal for Floridians. CSX has grown accustomed to operating without oversight or restraint. They throw money at both political parties prior to elections and reap the political rewards in efforts like this. Consider:
How many railway accidents is CSX involved in each year? In those events you never see them involve local or state governmental entities. CSX operates outside the purview of local interests when they conduct investigations into their own accidents. They issue a public statement following accidents and then go silent. Their mode of operation is to exclude the public and local government in issues concerning their rail safety aside from the minimal oversight of the Federal Railway Authority, which reports only to Congress.
Try contacting Rep. Brown of Jacksonville if you have concerns about railroad safety. Although she sits on the governing congressional committee, there is no receptivity for public concerns. No responses to emails in my case. You've not heard any position from her in this hotly debated issue. No public forums or solicitation of public feedback. That is the political vacuum in which CSX operates.
The many problems and public concerns that have come to light in debating this rail initiative are only a snapshot of the larger national problem. CSX has neither earned nor deserves a pass on anything that further compromises public safety or the need for greater corporate responsibility in their operations.
Anonymous:
If there is an error of fact on this site, please point it out. I am committed to ensuring the facts are correct and clear.
Rosemary Goudreau
But hey, why let the facts get in the way?
CSX Deal shrouded in Secrecy?
Confidentiality agreements were signed by members of the FDOT negotiating team for the Agreement in Principle to protect CSX’s proprietary company information, including trade secrets. All documents relating to the project, including the confidential agreements, were released to the public as requested through public records requests. Only documents relating to anticipated litigation were withheld under the public records law exemption. The terms of the CSX-FDOT Agreement in Principle were announced publicly by then Governor Bush at an August 2, 2006 news conference in Orlando, widely reported by statewide media. Since August 2006, FDOT and CSX have held more than 345 public meetings to discuss the terms of the agreement and the Central Florida Commuter Rail project. These include more than 15 meetings held in Marion County and more than 35 meetings held in Polk County. Draft contract documents between CSX and FDOT were publicly released in February 2007 and were appended to the Interlocal Agreements. These were uploaded to the project website www.cfrail.com in July 2007. Final contract documents between CSX and FDOT were signed in November 2007 and uploaded to the project website in November 2007.
Under the deal, CSX is not liable for anything they do?
CSX demands that Florida taxpayers pay the damages in accidents even when CSX is at fault?
CSX wants the state to indemnify it for their liability even if it is negligent?
CSX is not immune from liability. Rather CSX and FDOT will share liability in the corridor on a no fault basis. FDOT and CSX have maintained a no-fault contractual allocation of liability and up to $125 million in coverage in South Florida on the Tri-Rail system since 1988. FDOT seeks to do the same thing in Central Florida. This is consistent with 23 other commuter rail systems around the country dealing with liability in a shared rail corridor. The Tri-Rail agreement from 1988 and the proposed Central Florida agreement from 2007 provide a contractual allocation of liability, irrespective of fault, as follows:
o If only a CSX freight train is involved in an accident, then CSX pays 100% of injury or damage (except for any passengers or invitees in the corridor)
o If only a Commuter train is involved in an accident, then FDOT pays 100% of injury or damage.
o If both a CSX train and a Commuter train collide, then CSX pays 100% of all freight damage including any people on its trains, FDOT pays for 100% of the commuter train and passenger damage including people within the corridor, and CSX and FDOT each pay 50% of any third party damage resulting outside the corridor.
o FDOT maintains $5 million self insurance retention and $125 million of excess insurance in South Florida, inclusive of punitive damages. The agreements provide for adding Central Florida to the insurance and increasing the coverage to $200 million (nationally, coverage ranges from $200-$500 million for similar transit systems).
Costs
CSX Agreement with FDOT - $491 million
o State payments to CSX will total $432 million – Unchanged since Aug. 2, 2006
$198 million for improvements to S-Line to mitigate impact on surrounding communities associated with CSX’s decision to re-route freight trains
$52 million for freight capacity improvements throughout the sate
$9 million for road improvements around CSX’s Integrated Logistics Center
$150 million to purchase 61.5 miles of track in Central Florida, a corridor that is valued at roughly $420 million
$23 million to relocate portions of Taft Yard to the new Integrated Logistics Center
o FDOT will build five grade separations along S-Line (Alachua, Sumter, and Marion Counties) with money in FDOT’s work program. No payments to CSX.
Originally estimated at $59 million ($ 2006) for three grade separations
Current estimates approximately $214 million for five grade separations
Of the five, one separation has already been completed, one is currently under construction, two will be let in December 2008 as design-build projects and the fifth is in preliminary design and engineering phase.
These improvements will take place regardless of whether the CSX agreement moves forward or not.
o Payments to CSX, as well as the grade separations, will be paid exclusively by the state from its five-year work program with two exceptions:
The $150 million for the CSX tracks and the $23 million for Taft Yard will be financed with “Fixed Guideway Bonds” issued by the state. The state will repay debt service of the bonds for the first seven years of commuter rail operations. After seven years, the local funding partners (Volusia, Seminole, Orange, and Osceola Counties and the city of Orlando) will assume the debt service for the remaining 23 years. The repayment of these bonds is expected to be approximately $11.3 million/year for 30 years.
Central Florida Commuter Rail Capital Costs - $615 million
o Includes $65 million for double-tracking to provide capacity needed for passenger rail operations. Freight currently runs on 42 miles of single-track through the corridor.
o Right of way acquisition for parking lots at stations
o Full construction of 17 station stops
o New signalization system for up to 15-minute headways
o Vehicles
o Control, maintenance and dispatch center
o All costs split 50% federal, 25% state, and 25% local Central Florida Commuter Rail Operation and Maintenance Costs
o Federal Transit Administration requires that FDOT submit projected operation and maintenance costs as part of the New Starts application process. These costs include maintenance, operating, signalmen, vehicle maintenance, and operating agency.
o FDOT has also done an analysis of the cost of the liability insurance using information that Tri-Rail and Virginia Railway Express pays on an annual basis.
o FDOT presented the anticipated operations and maintenance costs for the 61.5 mile system with 30-minute peak headways, and 120-minute off-peak headways to the local funding partners during Interlocal Agreement negotiations. That information is posted on the www.cfrail.com website
o Revenue including farebox, ancillary (advertising), and federal formula funds were also forecasted by FDOT and presented to the local funding partners during Interlocal Agreement negotiations.
o Finally, FDOT has negotiated a $0.39/per car charge and $1.25 million/year fixed fee for CSX’s use of the corridor.
o FDOT has agreed to pay the operations and maintenance deficit for the first seven years the commuter rail system is in service for maintenance of traffic while I-4 is undergoing reconstruction. Currently, FDOT has more than $48 million programmed for the operations and maintenance deficit.
Federal Funds
More than $24 million of federal money has already been earmarked for the project. The project also is moving through the multi-step federal funding process, which began in earnest in 2004 with an Environmental Assessment study. In 2007, the project was approved to move into Preliminary Engineering, according to schedule. Indeed, the project was included in this year’s federal budget included in a list of projects in Preliminary Engineering that are eligible to leverage $85 million in federal funds. FDOT expects the Central Florida Commuter Rail project to move into the next phase of the federal funding process – Final Design -- by the end of July 2008. The final step, securing a Full Funding Grant Agreement, is expected in the Summer of 2009.
Federal Ranking and Ridership
In the 2009 New Starts Report, the FTA has awarded the Central Florida Commuter Rail project an overall rating of Medium-High, and has specifically rated the project’s Capital Finance Plan and Operating Finance Plan Medium-High, as well. Not many projects nationwide receive this high rating. The cost of acquiring the corridor is not a part of the FTA project, so it does not factor into the ranking at all.
FDOT has spent more than $1 million of state money developing ridership models required to comply with Federal Transit Administration (FTA) mandates. The ridership analyses are thoroughly vetted by FTA, and accepted as part of the New Starts application each year. Projected ridership data for the Central Florida Commuter Rail project has been posted on the project’s website, www.cfrail.com, in the Environmental Assessment since December 2006. FTA’s “cost-effectiveness” rating considers both costs and ridership. On these criteria, the project received a “medium-low” ranking. Like almost every other similar rail system in the country, however, the Central Florida project this year obtained a Congressional exemption to FTA’s criteria of a “medium” for cost effectiveness. This exemption is sought by most commuter rail systems around the country due to the fact that it is difficult for these types of systems to achieve the criteria set forth by FTA.
Amtrak
Amtrak does not have any rights to impose its will on any private railroad, including CSX. Amtrak has certain rights embedded in federal law to operate intercity passenger rail service (both long distance, as well as corridor service) in privately-owned rail corridors, however, no such rights exist for Amtrak to operate commuter rail trains. The right of access to private railroads (as stated above) is provided as long as Amtrak does not causing any undue hardship to the railroad owner. In many instances where Amtrak is proposing new service, they may be required to provide additional capacity or other rail improvements to satisfy this “undue hardship” requirement. Just as FDOT and CSX have negotiated for the Central Florida Commuter Rail project, Amtrak must negotiate and execute agreements with railroad owners before Amtrak can operate any service, including new national intercity rail service, corridor service, and/or commuter rail service.
FDOT is spending $750,000 to study alternate routes around Lakeland to reach the Winter Haven ILC. None of the alternate routes appear feasible , or potentially acceptable to CSX or other negatively affected areas. This same amount of study effort and expense should have occurred BEFORE the ILC location was selected. As such, the ILC would have gone in a proper location that would have avoided central communities, and led to the establishment of dedicated freight and passenger rail lines, and been more efficient for CSX. An FDOT study has stated " we are not going to continue the practice of businesses dictating a site, and then FDOT and taxpayers resolving the negative impacts". This is exactly what has happened and FDOT is a willing accomplice. Of course, close adherence to the DRI Aggregation rules would have derailed this location. The legislature should use this economic period to slow this process and get it right. It isn't so much a matter of whether to spend the over $700,million, but whether to spend it on an ill conceived project, or to spend it on a well thoughtout statewide rail infrastructure. The ILC has not been constructed, and should not be in the existing location.
I don't know if this a good or bad project. FLORIDA CAN'T AFFORD IT!
We just had a special session cutting this year's budget and next year's budget is
promising to be worse.
WHAT? I understand that transportation projects are good for the economy, jobs, etc.
but does one company deserve control of all the spoils.
REALLY?
Our taxpayer money needs to be spent on a statewide plan for freight rail not this piece meal stuff on 100 year old tracks through major metropolitan areas. What a crock. Lock up the state bucks until saner leaders are found.
Submitted by ProCitizen Media on Fri, 01/30/2009 - 13:06.
1. ON SECRECY: Yes, after the fact, many documents were released because citizens faced enormous difficulty in getting answers from FDOT and so were forced to make public-records requests. And yes, after the fact, DOT began holding meetings to sell the deal. But are you saying this deal wasn’t struck in secret? Or that the people in Lakeland and Plant City knew about the plans for a freight super-railway? Or that state lawmakers were aware that hundreds of millions of dollars had been shuffled to Orlando by DELAYING PROJECTS in EVERY OTHER DISTRICT of Florida for two years? (See documents under Too Costly)
2. ON LIABILITY: First, the agreement DOT signed with CSX totally indemnifies the railroad (see Exhibit 19, under Too Risky). Last year’s legislation would have amended that provision to become what you call no-fault, but which citizens call no-accountability. If, after finally getting input from the Legislature, the railroad is willing to change the liability provision in a terribly negotiated agreement, it should be willing to change a few other provisions, too. That includes the route of the freight super-railway.
Second, Central Florida is NOT ASKING for what Tri-Rail has. Tri-Rail contractually indemnified CSX, even after buying its tracks. This is like selling someone your house, letting them live in it, and then paying for any damage they cause! But NEVER did the Legislature sign off on this contract, which poses significant risks for taxpayers. There’s a question about whether Tri-Rail’s contract would hold up in court. That’s why Tri-Rail now wants what Central Florida seeks – bad public policy written into law!
Third, at least one state is refusing to give CSX the store. Massachusetts is taking the fight to Congress, rather than roll over on indemnification. As government continues to outsource work, California statutorily prohibits government bodies from indemnifying these private companies – public policy that protects citizens.
3. ON COSTS: Your argument is hard to follow, but thanks for acknowledging the purchase agreement says Florida would pay just $150 million for the tracks. So why are we spending $641 million to compensate CSX? This figure is IN ADDITION to the $615 million (that we don’t have) to build the system. And thank heavens the feds are making FDOT determine the operating and maintenance costs for which, again, there is no local funding source. FDOT has either failed to determine these costs or is refusing to tell citizens what they are. Isn’t FDOT supposed to be working on behalf of citizens?
You should know that for tax purposes, the state values the land at $22 million and that when the deal was struck in 2005, FDOT valued the land at $89 million. (See the documents under Too Costly) Given the economic earthquake, how could the value have suddenly inflated to $491 million? Does this pass the smell test for fiscal conservatives?
Besides, the Federal Transit Administration says this project won’t relieve congestion on I-4. For $1.2 billion, this route will take only 3,600 cars off the road! Today, I-4 has 170,000 daily car trips. While commuter rail is a great goal, this route will become a white elephant that gives commuter rail a bad name. And should anyone care about improving statewide passenger rail service, they should realize that this project will create an enormous barrier to improving service to the Tampa Bay area.
One last point. FDOT says Orlando’s commuter rail system has nothing to do with CSX’s plans for a freight super-railway through Florida’s interior. DOT Secretary Stephanie Kopelousis insists the two projects aren’t linked. If that’s true, why not give Orlando the $150 million to buy the tracks and be done with it? Why do Orlando lawmakers insist that commuter rail can’t go forward without taxpayers building CSX a freight super-railway through the state’s interior? Does Tallahassee have any fiscal conservatives in leadership?
At least you believe that by referring to you as Rush Limbaugh, I'm calling you a name.
In all seriousness, is there a place on your website that details who is bankrolling this project? Are the startup funds and day to day expenses being entirely born by Ms. Goudrea? Or are their others footing the bill or at least helping to foot the bill?
Submitted by ProCitizen Media on Fri, 01/30/2009 - 15:12.
Understood.
When presented with an argument for which you have no substantive reply, try name-calling.
Is that how good decisions get made ?
ProCitizen Media
You can say this crap as much as you like, but it doesn't make it right.
#10 Reply to: Here You Are, from ProCitizen Media
Submitted by ProCitizen Media on Fri, 01/30/2009 - 13:06.
1. ON SECRECY: Yes, after the fact, many documents were released because citizens faced enormous difficulty in getting answers from FDOT and so were forced to make public-records requests. And yes, after the fact, DOT began holding meetings to sell the deal. But are you saying this deal wasn’t struck in secret? Or that the people in Lakeland and Plant City knew about the plans for a freight super-railway? Or that state lawmakers were aware that hundreds of millions of dollars had been shuffled to Orlando by DELAYING PROJECTS in EVERY OTHER DISTRICT of Florida for two years? (See documents under Too Costly)
FACTS:
------------- How are an additional FOUR trains on par with creating a freight super highway? And just to put that in perspective that would mean the TOTAL number of trains (20) would still be less that the number of trains that go to Downtown Orlando right now (21). Hundreds of millions of dollars have not been "shuffled to Orlando" for the project as a result of delayed projects in Central Florida. In fact, Central Florida gives more money in gas taxes that it receives back (i.e. we donate to your road funds). The project is the number one project in Central Florida and as a result we fund it that way. Really, where are you getting your information?---------------
2. ON LIABILITY: First, the agreement DOT signed with CSX totally indemnifies the railroad (see Exhibit 19, under Too Risky). Last year’s legislation would have amended that provision to become what you call no-fault, but which citizens call no-accountability. If, after finally getting input from the Legislature, the railroad is willing to change the liability provision in a terribly negotiated agreement, it should be willing to change a few other provisions, too. That includes the route of the freight super-railway.
FACTS:
----------------------This liability language is the exactly what is used in everyone other commuter rail project throughout the nation and it's currently used for Tri-Rail. So do you believe Tri-Rail should be suspended? Do you think that we shouldn't have commuter rail systems in Tampa and Jacksonville? That's what your saying if you think that the SHARED liability system should not be passed.---------------------------------------
Second, Central Florida is NOT ASKING for what Tri-Rail has. Tri-Rail contractually indemnified CSX, even after buying its tracks. This is like selling someone your house, letting them live in it, and then paying for any damage they cause! But NEVER did the Legislature sign off on this contract, which poses significant risks for taxpayers. There’s a question about whether Tri-Rail’s contract would hold up in court. That’s why Tri-Rail now wants what Central Florida seeks – bad public policy written into law!
FACTS:
-----------------Again, this is used on every single commuter rail system nationwide. Please let South Florida know that you would like to see their system suspended. And let's be clear, this is the liability system that has been in place in South Florida for two decades without ONE SINGLE PROBLEM.-------------------------
Third, at least one state is refusing to give CSX the store. Massachusetts is taking the fight to Congress, rather than roll over on indemnification. As government continues to outsource work, California statutorily prohibits government bodies from indemnifying these private companies – public policy that protects citizens.
FACTS:
--------------Actually, the commuter rail system in LA has the exact same shared liability system.---------------------
3. ON COSTS: Your argument is hard to follow, but thanks for acknowledging the purchase agreement says Florida would pay just $150 million for the tracks. So why are we spending $641 million to compensate CSX? This figure is IN ADDITION to the $615 million (that we don’t have) to build the system. And thank heavens the feds are making FDOT determine the operating and maintenance costs for which, again, there is no local funding source. FDOT has either failed to determine these costs or is refusing to tell citizens what they are. Isn’t FDOT supposed to be working on behalf of citizens?
FACTS:
--------------The land appraised for more than $400 million. FDOT didn't want the purchase proceeds to go to improvements outside of Florida, so they broke down the purchase of the land in a way that directs CSX to use the money to make improvements in Florida. I tell you what though, I could care less if it's done that way or we just right the check for the appraised price and let them spend the money in other parts of the country. Ummm...every system applying for federal funds has to do a huge stack of studies that cover things like operating and maintenance costs. ??? The local funding partners have all signed on for their commitments. ??? Again, where are you getting this information? ----------------------------------------
You should know that for tax purposes, the state values the land at $22 million and that when the deal was struck in 2005, FDOT valued the land at $89 million. (See the documents under Too Costly) Given the economic earthquake, how could the value have suddenly inflated to $491 million? Does this pass the smell test for fiscal conservatives?
FACTS:
------You may want to take a real estate course to learn the difference between taxable value and appraised value. So you beleive that 61 miles through the heart of the third most populated area of the state, directly through the urban centers is really worth $22 million??? Absurd. If that's the case, I'd like to purchase your home for $1 and a cheeseburger.-----------
Besides, the Federal Transit Administration says this project won’t relieve congestion on I-4. For $1.2 billion, this route will take only 3,600 cars off the road! Today, I-4 has 170,000 daily car trips. While commuter rail is a great goal, this route will become a white elephant that gives commuter rail a bad name. And should anyone care about improving statewide passenger rail service, they should realize that this project will create an enormous barrier to improving service to the Tampa Bay area.
FACTS:
---------------- It's strange that you claim that the project would create a barrier for Tampa - and the Tampa Bay Partnership and TBARTA - the regional transit agency planning a rail system - are both in STRONG support of the project. As for your issue with congestion, please do a little research and figure out how much it would cost to expand I-4 one lane in each direction instead of creating commuter rail. Given you challenge with finding facts, I'll let you know that it's $7 billion. We'll never "solve" congestion, but as anyone will tell you, it is imporant to have lots of different ways to commute. --------------------
One last point. FDOT says Orlando’s commuter rail system has nothing to do with CSX’s plans for a freight super-railway through Florida’s interior. DOT Secretary Stephanie Kopelousis insists the two projects aren’t linked. If that’s true, why not give Orlando the $150 million to buy the tracks and be done with it? Why do Orlando lawmakers insist that commuter rail can’t go forward without taxpayers building CSX a freight super-railway through the state’s interior? Does Tallahassee have any fiscal conservatives in leadership?
-----------This craziness is all addressed above.-----------------
Does Anonymous really beleive that they are actually "anonymous" ? It is quite obvious from the lauguage used in their replies that "Anonymous" is.......drum roll please.....CSX! Yes folks, CSX is the man behind the curtain in this "Wizard of Oz" deal that they and FDOT are trying to cram down the citizens' throats!
Wouldn't you vehemently argue your position, in spite of the FACTS, if you stood to realize a $650 million dollar windfall?
CSX is NOT required to spend the money they receive in this deal in the State of Florida, AND, CSX does not lose one penny of revenue after the sale, since they continue to service the industries they currenlty service on the line, AND any new business on the line, AND CSX is guaranteed 12 hour-a-day access to the line to run their freights and service those industries, AND the State, and 7 years later the Counties, are required to spend the money to rehab the line, add a track, and pay for the maintainence on the lines FOREVER, AND the existing workers on the line will lose their jobs and probably be forced to move away from the Orlando area, the workers are citizens and taxpayers, yet their own tax dollars will be used to eliminate their good railroad jobs, AND the list goes on and on.
The State is not "buying" 61 miles of rail line, they are essentially "leasing" the right to run their commuter trains on the line, along with CSX freight and Amtrak passenger trains. What a SHAM!
Wake up citizens! Let your elected representatives know that the jig is up! This is a dirty, pork-filled, corporate welfare, ill-advised deal and it must be STOPPED!
Thank you Senator Dockery for your Herculean efforts to educate the citizens and stop this scam in its tracks!
Submitted by ProCitizen Media on Mon, 02/02/2009 - 17:04.
1. You question why the S-line is being called a “freight super-railway” since, after the improvements, CSX plans to add only four more trains. But consider this: the S-line already has the capacity to handle four more trains. In fact, without any improvements, the S-line has the capacity to handle nine more daily trains. So why is CSX demanding that taxpayers pay nearly $200 million to upgrade the tracks and create the capacity for 54 daily trains? Judge this fact for yourself in the back-up document that pops up when you click on “54 trains.”
2. You might be right that Orlando, compared to most counties, sends more gas-tax dollars to Tallahassee because of the region’s tourism industry. But understand that gas-tax dollars are only one funding stream for the CSX deal. DOT also took money out of the 2005 growth-management reform law, (general revenue, not gas-tax dollars,) which appropriated an extra $1 billion for roads, schools and water projects. Yet that same lucrative year, DOT delayed every road project in every district of the state except Orlando – for two years! The facts are found in the 2005 Deferred Projects list found on the site.
3. Tri-Rail gave CSX indemnity by writing it into a contract, without any legislative input. If Central Florida wants what Tri-Rail has, why doesn’t it simply write indemnity into the contract, no matter that it represents bad public policy? Doesn’t your side argue that Central Florida only wants what Tri-Rail has?
4. Tampa isn’t seeking commuter rail, which runs on heavy freight tracks. Tampa wants a light-rail system that parallels the highway between the University of South Florida and Tampa International Airport. This is a route that makes sense and might actually take commuters off the congested interstate. And so that you know, CSX has told Tampa it wants nothing to do with commuter rail in Tampa Bay.
5. The federal General Accounting Office, in a study on Amtrak, reported that California statutorily prohibits the indemnification of private companies. I will further explore the answer to your question. But you fail to acknowledge that Massachusetts is refusing to roll over for the railroad’s demands, or that many citizens have been harmed by the railroad’s past negligence. Do you think taxpayers have a bottomless purse?
6. The agreement says the state would pay $150 million for the tracks (still one of the highest prices ever.) Given how DOT let railroad executives redirect taxpayer money for projects that benefitted them, and hired a consultant who negotiated the deal to do the analysis on behalf of taxpayers, and refuses to answer questions from interested citizens and elected representatives, you’ll have to forgive citizens for distrusting DOT’s recent appraisal.
7. As for land values, property appraisers by law must appraise land at its actual value, not something less. Though the railroad is free to try to sell its land for whatever it can get, the land is appraised at $22 million. And get this. CSX is fighting the appraisal, saying it’s too high!
8. You’re right. As part of the federal application, DOT does have to identify how much it will cost to operate and maintain the commuter-rail system. Have you seen this document? Has anyone? If so, what does it say? Could you please send a link? It seems only insiders, not ordinary citizens, can get answers from DOT.
9. You’re right that the Tampa Bay Partnership, an economic development group, has endorsed the CSX deal. For some reason, business interests believe CSX must have immunity to make rail-transit work in Tampa Bay. But remember, the partnership is not answerable to citizens.
10. You’re wrong in saying that the Tampa-area rail authority, called TBARTA, has endorsed indemnification for CSX. It has not. Indeed, Tampa Mayor Pam Iorio, a member of the board, has given up on CSX because it refuses to work with the Tampa Bay region. TBARTA is compromised of elected leaders and so better reflects the concerns of taxpayers, to whom it is answerable.
11. You dismiss a key point with the word “craziness.” But it’s a key point. FDOT says Orlando’s proposed commuter-rail system has nothing to do with CSX’s plans for a freight super-railway through Florida’s interior. If so, why not give Orlando the $150 million to buy the tracks and be done with it? Why spend another $200 million to upgrade the S-line, which already has the capacity to handle those four daily trains CSX says it wants?
12. The bottom line is that this system, which would cost more than $1.2 billion and take just 3,600 cars off the road, will become a white elephant that hurts rail-transit efforts more than it helps. It also demands that taxpayers keep their checkbooks out to pay for the railroad’s negligence. And it insists that taxpayers build a freight super-railway through inland Florida communities that had no say in this 100-year decision. So once again the question is, are there any fiscal conservatives in Tallahassee?
Submitted by ProCitizen Media on Mon, 02/02/2009 - 17:23.
Folks,
I plan to start blogging on this site tomorrow. My first post will tell you more about who I am and why I am doing this. So that you know, no one is currently paying my expenses. But I’m willing to start a collection, if any of you are so moved!
Rosemary Goudreau
President, ProCitizen Media
I have written many emails to the County Council of Volusia, the Daytona Beach News-Journal, and even channel 9 giving them information and warning them of the wastefulness of this commuter rail project. Not an answer to any of them. I think they're all too ashamed to reply. I'm glad you're here to let the public know about this scam. It seems the corruption goes deep and wide.
I'm sorry you're not being paid for this site because it is awesome! I'm glad someone the the initiative to question this deal openly. Maybe you could share this open idea with the City of Winter Haven. Bob Gernert at the chamber has a blog. He only allows certain views to be posted and blocks the rest. Thank you for being an outlet.
I'd like to make a few comments to some of your points and some of the information on the site.
You continue to allocate $89 million to the land, based on a document you reference on the Too Costly page. That is clearly incorrect.
The document states, "...the estimated present value for the 61 miles of track structure (rail, ties, ballast, culverts, at-grade crossings and other track materials) is approximately $89 million in 2005 dollars. The present value estimate does not include costs for bridges, signals, systems, and right-of-way acquisition."
The $89 million allocation, as the document states is for the track improvements (rail, ties, ballast, etc...). In fact, it states that it does not include the cost of the right-of-way acquisition, which is the cost of the land. So the $89 million is the 2005 present value of the track improvements only. By continuing to state it is the land value is doing your cause much disservice.
Another point you continue to make is that the assessed value is the market value of the land. Assessments are well known not to be market value. How many people do you know that sell their property for the amount the assessor values their property for? Additionally railroad property is assessed differently than that of other properties (residential, commercial, industrial, etc..). It is not assessed based on market value of the land they own. Call the county assessors and ask them if they have appraised the railroad land, and if they have, how did they value it. Then you will have your answer. I can guarantee you that the $22 million is not based on the land value.
As the Purchase and Sale Agreement outlines, the State is purchasing the corridor land and the track improvements within that land. CSX is reserving a freight easement and Amtrak is keeping their intercity passenger agreement. In addition, the State has the option to purchase the Aloma and Deland Spurs (a substantial addition to the 61.5 miles).
The Purchase and Sale Agreement gives a purchase price of $150 million. This $150 million is the value of the corridor land and the track improvements less the freight easement reserved by CSX. The likely market value of the land and improvements is something greater than the $150 million.
Now if we take the $150 million purchase price in the Purchase and Sale Agreement and the $89 million present value of the track improvements from the Track Assessment and Maintenance Plan Report that would leave $61 million attributable to the land. However this is not necessarily the full market value of the land, because of the freight rights reserved. We do not know what the state and CSX valued those freight rights at.
The value of a corridor is generally valued by taking the value of the across-the-fence (adjacent) land values times a enhancement factor. The enhancement factor measures the advantage of the corridor to connect Point A to Point B. It is not the same as a assemblage factor, which is a measure of the premium to purchase many parcels to assemble a corridor. However, the enhancement factor does recognize the benefit of already having an assembled corridor.
The land values along the 61.5 miles vary widely. The corridor extends from outside Deland, through Sanford, Lake Mary, Longwood, Maitland, Winter Park, downtown Orlando, Kissimmee to Poinciana. Many of these areas have high land values, while there are many areas with lower land values.
For instance there was a recent purchase of 3 acres in downtown Orlando for $7 million. That is $2.3 million per acre.
In a quick look at vacant land listings in Volusia County near the 61.5 mile corridor shows listings ranging from $80,000/acre to $270,000/acre. Osceola County shows similar listing prices. This was just a quick non-scientific random look at vacant listings.
If you were to assume a average width of 100 feet for the 61.5 mile corridor the total acreage would come out to be approximately 745 acres. I do not know what the actual acreage is, but I believe this is an adequate assumption. That would mean the $61 million attributable to the land (doesnt consider the value of the freight rights) would come out to approximately $82,000 per acre. Lets assume the freight rights were valued as 25% of the total land value. Therefore the total land value would be $82 million and the freight rights would be worth $21 million. Thus the per acre value of the full corridor land value would be $110,000/acre.
Remember the value of a corridor is dependant on its location and adjacent use. Therefore, the $82,000/acre (or $110,000/acre) is an average for the entire corridor. The actual value in downtown Orlando is much different from the value in Deland or in Kissimmee, as there is a big difference between residential and commercial uses in Winter Park and acreage and residential uses in Volusia County.
Now there is the additional $491 million to the $150 million in the purchase and sale agreement. I can not speak to how these are allocated as part of the purchase. It is not uncommon for additional non-cash considerations to be included as part of a rail transaction. Some of these may be just that, while some of these may be common state-railroad projects which occur throughout the country that are not tied to any transaction.
Just a few comments about the various other projects included in the $641 million:
Winter Haven Yard - Yes it benefits CSX, but it also benefits the region, other businesses and communities. It provides a node where commodities, which Central Florida is in great demand, can move from train to truck and vice-versa. Yes there can be negative affects, but thats what the various government studies are meant to measure, and weigh the benefit vs detriment.
S-line Improvements - Increasing capacity on a rail line serves to decrease congestion not only on highways (I-75 and I-4), but also helps decrease congestion on the railroad, which would help prevent such things as stalled trains in Lakeland.
Rail Overpasses - These benefit the communities that will use them.
It seems like most if not all of this money is being kept in improvements within the State. Many of these if not all not only benefit CSX, but also benefit the State and communities in which it serves. It helps make sure that a flow of commodoties that Central Florida relies on continues and allows for increase, but also helps ease congestion on two of Florida's main arteries.
Something that I find interesting is that communities are often the first to fight an increase in traffic by a railroad, and they are also the first to fight when a railroad wants to cut back service.
I think it is a good idea for alternative routes to be considered for places like Lakeland, but those are costly.
I am not here to argue for these other projects, I am just stating my opinion of them.
One last comment.
The Rail Sales Comparison 1976 - 2008 document you link to is VERY misleading. It seems that many details of those transactions are not considered. For instance some of those transactions are of entire railroads, which include rolling stock (rail cars), locomotives, real estate, other improvements, etc..., while some are net liquidation sales due to potential abandonment. These are not equatable to the 61.5 corridor. In addition rail corridors can not be compared in a per mile basis. They are going to vary based on their location. A corridor through Orlando is not going to be equal to a corridor in rural Oklahoma, or in New York City, or on the outskirts of Chicago. That is why corridors are not valued using a direct corridor sales approach. It is near impossible to find a truly comparable corridor sale. Many of these transactions include other non-cash considerations, which is common in rail corridor transactions.
I hope this may provide some food for thought. I have found this to be an interesting topic and have had fun reading all the documents from both sides and trying to analyze what is taking place. As a railfan with some knowledge of rail corridor transactions I have tried to be impartial and fair in my comments.
Comments
#1 All I can say is if the
#2 Interesting...
#3 23:52 You are wrong. This
#4 Predatory business practices
#5 reply to anonymous
#6 Here you are...
#7 Wrong study - wrong time
#8 price tag
#9 Price Tag
#10 Reply to: Here You Are, from ProCitizen Media
1. ON SECRECY: Yes, after the fact, many documents were released because citizens faced enormous difficulty in getting answers from FDOT and so were forced to make public-records requests. And yes, after the fact, DOT began holding meetings to sell the deal. But are you saying this deal wasn’t struck in secret? Or that the people in Lakeland and Plant City knew about the plans for a freight super-railway? Or that state lawmakers were aware that hundreds of millions of dollars had been shuffled to Orlando by DELAYING PROJECTS in EVERY OTHER DISTRICT of Florida for two years? (See documents under Too Costly)
2. ON LIABILITY: First, the agreement DOT signed with CSX totally indemnifies the railroad (see Exhibit 19, under Too Risky). Last year’s legislation would have amended that provision to become what you call no-fault, but which citizens call no-accountability. If, after finally getting input from the Legislature, the railroad is willing to change the liability provision in a terribly negotiated agreement, it should be willing to change a few other provisions, too. That includes the route of the freight super-railway.
Second, Central Florida is NOT ASKING for what Tri-Rail has. Tri-Rail contractually indemnified CSX, even after buying its tracks. This is like selling someone your house, letting them live in it, and then paying for any damage they cause! But NEVER did the Legislature sign off on this contract, which poses significant risks for taxpayers. There’s a question about whether Tri-Rail’s contract would hold up in court. That’s why Tri-Rail now wants what Central Florida seeks – bad public policy written into law!
Third, at least one state is refusing to give CSX the store. Massachusetts is taking the fight to Congress, rather than roll over on indemnification. As government continues to outsource work, California statutorily prohibits government bodies from indemnifying these private companies – public policy that protects citizens.
3. ON COSTS: Your argument is hard to follow, but thanks for acknowledging the purchase agreement says Florida would pay just $150 million for the tracks. So why are we spending $641 million to compensate CSX? This figure is IN ADDITION to the $615 million (that we don’t have) to build the system. And thank heavens the feds are making FDOT determine the operating and maintenance costs for which, again, there is no local funding source. FDOT has either failed to determine these costs or is refusing to tell citizens what they are. Isn’t FDOT supposed to be working on behalf of citizens?
You should know that for tax purposes, the state values the land at $22 million and that when the deal was struck in 2005, FDOT valued the land at $89 million. (See the documents under Too Costly) Given the economic earthquake, how could the value have suddenly inflated to $491 million? Does this pass the smell test for fiscal conservatives?
Besides, the Federal Transit Administration says this project won’t relieve congestion on I-4. For $1.2 billion, this route will take only 3,600 cars off the road! Today, I-4 has 170,000 daily car trips. While commuter rail is a great goal, this route will become a white elephant that gives commuter rail a bad name. And should anyone care about improving statewide passenger rail service, they should realize that this project will create an enormous barrier to improving service to the Tampa Bay area.
One last point. FDOT says Orlando’s commuter rail system has nothing to do with CSX’s plans for a freight super-railway through Florida’s interior. DOT Secretary Stephanie Kopelousis insists the two projects aren’t linked. If that’s true, why not give Orlando the $150 million to buy the tracks and be done with it? Why do Orlando lawmakers insist that commuter rail can’t go forward without taxpayers building CSX a freight super-railway through the state’s interior? Does Tallahassee have any fiscal conservatives in leadership?
#11 Whatever
#12 At least you believe that by
#13 reply to: Whatever, from ProCitizen Media
#14 Again...here you go
#15 Who is Anonymous?
#16 Reply to "Again, Here you Go," from ProCitizen
1. You question why the S-line is being called a “freight super-railway” since, after the improvements, CSX plans to add only four more trains. But consider this: the S-line already has the capacity to handle four more trains. In fact, without any improvements, the S-line has the capacity to handle nine more daily trains. So why is CSX demanding that taxpayers pay nearly $200 million to upgrade the tracks and create the capacity for 54 daily trains? Judge this fact for yourself in the back-up document that pops up when you click on “54 trains.”
2. You might be right that Orlando, compared to most counties, sends more gas-tax dollars to Tallahassee because of the region’s tourism industry. But understand that gas-tax dollars are only one funding stream for the CSX deal. DOT also took money out of the 2005 growth-management reform law, (general revenue, not gas-tax dollars,) which appropriated an extra $1 billion for roads, schools and water projects. Yet that same lucrative year, DOT delayed every road project in every district of the state except Orlando – for two years! The facts are found in the 2005 Deferred Projects list found on the site.
3. Tri-Rail gave CSX indemnity by writing it into a contract, without any legislative input. If Central Florida wants what Tri-Rail has, why doesn’t it simply write indemnity into the contract, no matter that it represents bad public policy? Doesn’t your side argue that Central Florida only wants what Tri-Rail has?
4. Tampa isn’t seeking commuter rail, which runs on heavy freight tracks. Tampa wants a light-rail system that parallels the highway between the University of South Florida and Tampa International Airport. This is a route that makes sense and might actually take commuters off the congested interstate. And so that you know, CSX has told Tampa it wants nothing to do with commuter rail in Tampa Bay.
5. The federal General Accounting Office, in a study on Amtrak, reported that California statutorily prohibits the indemnification of private companies. I will further explore the answer to your question. But you fail to acknowledge that Massachusetts is refusing to roll over for the railroad’s demands, or that many citizens have been harmed by the railroad’s past negligence. Do you think taxpayers have a bottomless purse?
6. The agreement says the state would pay $150 million for the tracks (still one of the highest prices ever.) Given how DOT let railroad executives redirect taxpayer money for projects that benefitted them, and hired a consultant who negotiated the deal to do the analysis on behalf of taxpayers, and refuses to answer questions from interested citizens and elected representatives, you’ll have to forgive citizens for distrusting DOT’s recent appraisal.
7. As for land values, property appraisers by law must appraise land at its actual value, not something less. Though the railroad is free to try to sell its land for whatever it can get, the land is appraised at $22 million. And get this. CSX is fighting the appraisal, saying it’s too high!
8. You’re right. As part of the federal application, DOT does have to identify how much it will cost to operate and maintain the commuter-rail system. Have you seen this document? Has anyone? If so, what does it say? Could you please send a link? It seems only insiders, not ordinary citizens, can get answers from DOT.
9. You’re right that the Tampa Bay Partnership, an economic development group, has endorsed the CSX deal. For some reason, business interests believe CSX must have immunity to make rail-transit work in Tampa Bay. But remember, the partnership is not answerable to citizens.
10. You’re wrong in saying that the Tampa-area rail authority, called TBARTA, has endorsed indemnification for CSX. It has not. Indeed, Tampa Mayor Pam Iorio, a member of the board, has given up on CSX because it refuses to work with the Tampa Bay region. TBARTA is compromised of elected leaders and so better reflects the concerns of taxpayers, to whom it is answerable.
11. You dismiss a key point with the word “craziness.” But it’s a key point. FDOT says Orlando’s proposed commuter-rail system has nothing to do with CSX’s plans for a freight super-railway through Florida’s interior. If so, why not give Orlando the $150 million to buy the tracks and be done with it? Why spend another $200 million to upgrade the S-line, which already has the capacity to handle those four daily trains CSX says it wants?
12. The bottom line is that this system, which would cost more than $1.2 billion and take just 3,600 cars off the road, will become a white elephant that hurts rail-transit efforts more than it helps. It also demands that taxpayers keep their checkbooks out to pay for the railroad’s negligence. And it insists that taxpayers build a freight super-railway through inland Florida communities that had no say in this 100-year decision. So once again the question is, are there any fiscal conservatives in Tallahassee?
#17 Who's Behind This
#18 Thanks Rosemary
#19 Thank You Rosemary
#20 Just a few comments
I'd like to make a few comments to some of your points and some of the information on the site.
You continue to allocate $89 million to the land, based on a document you reference on the Too Costly page. That is clearly incorrect.
The document states, "...the estimated present value for the 61 miles of track structure (rail, ties, ballast, culverts, at-grade crossings and other track materials) is approximately $89 million in 2005 dollars. The present value estimate does not include costs for bridges, signals, systems, and right-of-way acquisition."
The $89 million allocation, as the document states is for the track improvements (rail, ties, ballast, etc...). In fact, it states that it does not include the cost of the right-of-way acquisition, which is the cost of the land. So the $89 million is the 2005 present value of the track improvements only. By continuing to state it is the land value is doing your cause much disservice.
Another point you continue to make is that the assessed value is the market value of the land. Assessments are well known not to be market value. How many people do you know that sell their property for the amount the assessor values their property for? Additionally railroad property is assessed differently than that of other properties (residential, commercial, industrial, etc..). It is not assessed based on market value of the land they own. Call the county assessors and ask them if they have appraised the railroad land, and if they have, how did they value it. Then you will have your answer. I can guarantee you that the $22 million is not based on the land value.
As the Purchase and Sale Agreement outlines, the State is purchasing the corridor land and the track improvements within that land. CSX is reserving a freight easement and Amtrak is keeping their intercity passenger agreement. In addition, the State has the option to purchase the Aloma and Deland Spurs (a substantial addition to the 61.5 miles).
The Purchase and Sale Agreement gives a purchase price of $150 million. This $150 million is the value of the corridor land and the track improvements less the freight easement reserved by CSX. The likely market value of the land and improvements is something greater than the $150 million.
Now if we take the $150 million purchase price in the Purchase and Sale Agreement and the $89 million present value of the track improvements from the Track Assessment and Maintenance Plan Report that would leave $61 million attributable to the land. However this is not necessarily the full market value of the land, because of the freight rights reserved. We do not know what the state and CSX valued those freight rights at.
The value of a corridor is generally valued by taking the value of the across-the-fence (adjacent) land values times a enhancement factor. The enhancement factor measures the advantage of the corridor to connect Point A to Point B. It is not the same as a assemblage factor, which is a measure of the premium to purchase many parcels to assemble a corridor. However, the enhancement factor does recognize the benefit of already having an assembled corridor.
The land values along the 61.5 miles vary widely. The corridor extends from outside Deland, through Sanford, Lake Mary, Longwood, Maitland, Winter Park, downtown Orlando, Kissimmee to Poinciana. Many of these areas have high land values, while there are many areas with lower land values.
For instance there was a recent purchase of 3 acres in downtown Orlando for $7 million. That is $2.3 million per acre.
In a quick look at vacant land listings in Volusia County near the 61.5 mile corridor shows listings ranging from $80,000/acre to $270,000/acre. Osceola County shows similar listing prices. This was just a quick non-scientific random look at vacant listings.
If you were to assume a average width of 100 feet for the 61.5 mile corridor the total acreage would come out to be approximately 745 acres. I do not know what the actual acreage is, but I believe this is an adequate assumption. That would mean the $61 million attributable to the land (doesnt consider the value of the freight rights) would come out to approximately $82,000 per acre. Lets assume the freight rights were valued as 25% of the total land value. Therefore the total land value would be $82 million and the freight rights would be worth $21 million. Thus the per acre value of the full corridor land value would be $110,000/acre.
Remember the value of a corridor is dependant on its location and adjacent use. Therefore, the $82,000/acre (or $110,000/acre) is an average for the entire corridor. The actual value in downtown Orlando is much different from the value in Deland or in Kissimmee, as there is a big difference between residential and commercial uses in Winter Park and acreage and residential uses in Volusia County.
Now there is the additional $491 million to the $150 million in the purchase and sale agreement. I can not speak to how these are allocated as part of the purchase. It is not uncommon for additional non-cash considerations to be included as part of a rail transaction. Some of these may be just that, while some of these may be common state-railroad projects which occur throughout the country that are not tied to any transaction.
Just a few comments about the various other projects included in the $641 million:
Winter Haven Yard - Yes it benefits CSX, but it also benefits the region, other businesses and communities. It provides a node where commodities, which Central Florida is in great demand, can move from train to truck and vice-versa. Yes there can be negative affects, but thats what the various government studies are meant to measure, and weigh the benefit vs detriment.
S-line Improvements - Increasing capacity on a rail line serves to decrease congestion not only on highways (I-75 and I-4), but also helps decrease congestion on the railroad, which would help prevent such things as stalled trains in Lakeland.
Rail Overpasses - These benefit the communities that will use them.
It seems like most if not all of this money is being kept in improvements within the State. Many of these if not all not only benefit CSX, but also benefit the State and communities in which it serves. It helps make sure that a flow of commodoties that Central Florida relies on continues and allows for increase, but also helps ease congestion on two of Florida's main arteries.
Something that I find interesting is that communities are often the first to fight an increase in traffic by a railroad, and they are also the first to fight when a railroad wants to cut back service.
I think it is a good idea for alternative routes to be considered for places like Lakeland, but those are costly.
I am not here to argue for these other projects, I am just stating my opinion of them.
One last comment.
The Rail Sales Comparison 1976 - 2008 document you link to is VERY misleading. It seems that many details of those transactions are not considered. For instance some of those transactions are of entire railroads, which include rolling stock (rail cars), locomotives, real estate, other improvements, etc..., while some are net liquidation sales due to potential abandonment. These are not equatable to the 61.5 corridor. In addition rail corridors can not be compared in a per mile basis. They are going to vary based on their location. A corridor through Orlando is not going to be equal to a corridor in rural Oklahoma, or in New York City, or on the outskirts of Chicago. That is why corridors are not valued using a direct corridor sales approach. It is near impossible to find a truly comparable corridor sale. Many of these transactions include other non-cash considerations, which is common in rail corridor transactions.
I hope this may provide some food for thought. I have found this to be an interesting topic and have had fun reading all the documents from both sides and trying to analyze what is taking place. As a railfan with some knowledge of rail corridor transactions I have tried to be impartial and fair in my comments.
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