Instead, we find Kopelousos and another top DOT official, Kevin Thibault, using goofy comfort food codewords like “french toast” and “pancakes” in the subject lines of emails related to controversial elements of the CSX deal. This would, critics say, help them avoid detection when public records requests sought to search emails for rail-related issues. Top notch spycraft. It’s all like a bad episode of “Burn Notice.” On the other hand, their illicit digital communication concerning trains does inspire me to invent a new word: CSeXting. Careful kids, it can get you in trouble. Or at least laughed at.

I’ll have a more thorough post mortem of the rail deal and vote later this week. Suffices to say, we’re no worse off in Lakeland for fighting it than we would have been had we rolled along quietly two and a half years ago. And, whatever happens, a whole bunch of legislators from both parties had to take a bad vote with an election year bearing down. We’ll see how all of that plays out.

photo credit: jasmined

Breakfast with DOT

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Given Alexander’s obvious deep feeling for the common good of our state and soldiers and his solemn belief that the CSX/SunRail deal is so vital to both, I expect an announcement any day that he’s divesting his vast personal business interests in this deal. See them detailed here. Of course, it’s just a coincidence that the Winter Haven rail hub CSX will build as part of this deal with $23 million or so of your money will serve JD’s personal business interests and those of his partners. With a deal this important to our future, this important to our troops, I’m sure that JD will want to remove any taint that might surround it. That’s what a patriot does.

Be a patriot, JD: Divest from your CSX-related holdings

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I say supposedly because this entire muddled Sentinel story by the usually reliable Dan Tracy contains exactly two quotes from Lahood.

Key passage:

“You’ve got to get your act together,” LaHood told the Orlando Sentinel about the Senate, which twice has failed to approve SunRail.

“If they don’t,” he said moments later to a Florida official, “there’s going to be a lot of disappointed people.”

I’m no pronoun expert, but how is it that “you” in an interview with the Sentinel stands for “Florida Senate?” Dan? Little help? And by the way, how is it any story about this deal can fail to use the letters “CSX” and words “record per mile cost?” Dan? Come on, you’re better than that.

I suspect that Lahood does not intimately know the politics and intricacies of the CSX freight realignment/Sunrail deal and is simply pushing for as many transit deals as possible across the country. But even if that’s not true, and he’s inarticulately but honestly pushing for CSX/Sunrail, there’s a good way for the Orlando folks to get their act together and make it easier for the Florida Senate to support them.

They should take a page from the responsible transit plan backed by government officials over in Tampa Bay. They are actually trying to get their citizens to tax themselves to kick start a reasonable light rail system. By contrast, Orlando’s rail boosters want to tax everybody else but themselves and then benefit from the station development rights and Winter Haven CSX hub land value spikes and freight access. Why do you think arch right-winger Sen. JD Alexander, R-Phoenix Industries, traveled to Washington D.C. to lobby for Sunrail? Because he loves public transit? Hippy, leftist, tax-funded public transit? Probably has a little bit more to do with all the personal interests he has in the relocation deal.

If Orlando leaders were really serious about this deal, they’d convince their citizens to at least somewhat pay their own way. If they had done that, then they could whine about the state not picking up the rest of the tab for a lousy sprawl-inducing commuter rail system that a handful of people will ride.

As for CSX’s Sunrail realignment wagging the High Speed Rail dog, give me a break. One has nothing to do with the other, except for John Mica, R-Future CSX Board Member. (Hey Dan, how about asking Mica if he’ll rule out taking a pay check from CSX in the future.)

But future gubernatorial candidate Paula Dockery makes that point much more elegantly than I can in this email she sent out a couple of days ago:

“In light of all the carefully scripted and manufactured news that has unfolded in the past two weeks, I want to respond to the double-talk of using stimulus funds as an excuse by otherwise very conservative elected officials and special development interests to secure passage of the bad deal that is SunRail.

The reality is that the individuals who are now advocating that Sunrail is critical for the opportunity to get High Speed Rail (HSR) funds are some of the same individuals who fought to kill HSR years ago. In fact, if HSR had been properly funded then, we would have a more vibrant public transit system in our state that would have already created the many jobs and infrastructure that could have helped stem some of the economic damage we are experiencing today.

The folks in DC are highlighting that Florida has been irresponsible in failing to establish dedicated funding that ensures the longevity of commuter rail in Florida in the form of Tri-Rail. Now, SunRail proponents have waged a public relations campaign that attempts to mask the irresponsible SunRail deal as the only means for Florida to receive federal funding for HSR.

They are trying to hitch their wagon to the fate of Florida’s one true HSR Project that is very competitive for the $8 billion pot of Federal Stimulus funds. The SunRail project has applied for $270 million in HSR funds that by definition it does not qualify for. The 70-page Federal guidance specifically states on page 28 that Commuter Rail Projects are ineligible for HSR Funds. Please do not be fooled by the proponents of SunRail because it is clear that commuter rail funding is ineligible for HSR funds; the money will never come.

Passage of Sunrail in its current form – without a dedicated funding source for its operation and without real funding for its capital improvements – will render the real $2.5 billion in HSR funding even less likely when we are competing with states like California that have a demonstrated historical commitment to public transit rail projects.

The fact remains that it is the reckless failure of the legislature and the Florida Department of Transportation (FDOT) to provide for Tri-Rail that is creating an emergency in Florida. It is not the failure to pass the terrible deal that is Sunrail.

If SunRail is to move forward, it should be done on its own merits and not through a selfish attempt to tie its fate to Tri-Rail or to the Tampa-Orlando-Miami HSR Application. Renegotiation of the bad terms of this Sunrail deal to make it a good deal is critical to its success. The taxpayers deserve to be protected and FDOT has a lot of explaining to do.

We need to call out the inaccuracies and hypocrisy of holding hostage Tri-Rail and HSR money to force through a terrible boondoggle in terms of the deal that is Sunrail. We need to make SunRail contingent on the renegotiation of the price and the transfer of liability.

This doesn’t need to be as confusing as the powerful forces are making it. Three independent rail projects all need to stand on their own and be properly vetted. Their fates are not tied and shouldn’t be. That is a trick used to force a bad deal that wouldn’t pass on its own into a deal that has broad support. The current deal for Orlando commuter rail (SunRail) should not hold hostage the opportunity to deliver HSR for all Floridians.”

Hey Orlando, Get Your Act Together, Like Tampa, and Pay for Your Own Rail

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Take a look for yourselves on the extended entry:

This one’s from CSX:

This one’s from FTA:

Again, there may be great and powerful developments bubbling up unseen somewhere. But this official correspondence is a non-event.

Weak SunRail Sauce

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In this economy, CSX will not lightly walk away from more than $600 million in cash and system improvements, liability or no.

A commenter expressed some skepticism and asked what I based that on. Oh, well, just a hunch.

From The Orlando Sentinel:

Last week, in a development first reported by the Orlando Sentinel, Dyer, Mica and others negotiated an extension to a proposed contract with CSX, the Jacksonville train company that owns the tracks that SunRail would use.

What’s funny about here is that, according to future CSX board member Rep. John Mica, R-CSX (that’s total idle reckless speculation, I should note), CSX is now willing to reconsider the liability, the feds will help the state by kicking in more money, and the whole thing will get worked in somehow with high speed rail. There’s absolutely no shred of evidence that any of what Mica says is true, and his record of being correct, is, well, less than consistent.

But assume for a second he’s telling the truth. Either CSX has suddenly become the picture of civic altruism, or all those frets about how we couldn’t possibly create a better deal were crap – as many of us told you all along.

Who knows what’s going to happen? Supposedly, supporters will make a move in the fall. Until then, we’ll just keep an eye on it.

From the Department of CSX Actions No One Could Have Predicted

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To me, the line item that stands out most among the millions is the comparitively small $265,561.01 MyRegion.org received for “public relations and outreach.” [They paid them the 1-cent. How on earth was that calculated, by the way?] Remember, MyRegion is a sort regional chamber/planning organization that basically thinks of Polk County, a member county, as an open field.

Can anyone tell me what “public relations/public outreach means” in this context? I know that MyRegion sponsored regional cheerleading/lobbying trips to Tallahassee in both 2008 and 2009. Was state tax money used to help a private organization lobby the state legislators ? If so, is that legal?

And did MyRegion use any of that money to pay employees? Did any of it end up in the pocket of MyRegion leader and SunRail cheerleader-in-chief Jacob Stuart? Joe? Aaron? Dan? Anbody? Those seems like intriguing questions. Oh, and by the way, former Sentinel editorial writer Marianna Ingborg Amberg Gurnee pulled in a cool $138,580 for “public relations/public outreach.” That was money well spent, eh? Sunrail’s messaging was just exquisite.

Anyway, here’s the full list of companies/organizations to receive state money for CSX/Sunrail work:

Shutts and Bowen
- Since March, 2006
- $1,715,258
- Legal counsel to FDOT to provide real estate legal services for CFCR

Fletcher Sipple (includes work by Bruce Smith)
- Since February, 2006
- $494,798
- Legal counsel on rail matters and legal services for CFCR

John Bottcher
- Since January, 2006
- $365,346
- Legal counsel on rail matters

URS Corporation
- Since July, 2004
- $1,903,110
- Grade separation/ rail relocation and program management activities for CFCRT

Carter & Burgess
- Since March, 2007
- $282,322
- program management activities for CFCRT

CH2M Hill
- Since August, 2006
- $520,316
- CFCRT technical and management activities

EnviroTrans Solutions, Inc.
- Since July, 2004
- $1,436,820
- CFCRT program management services

Golder Associates
- Since September, 2007
- $91,682
- CFCRT risk assessment services

MAG Solutions
- Since January, 2008
- $295,272
- CFCRT public involvement and administrative services

Nick Serianni
- Since July, 2004
- $165,021
- CFCRT negotiations, insurance and liability issues, cost allocations and financial plans

PB Americas
- May, 2006 – December, 2008
- $924,788
- Graphics and animations, technical specifications, procurement issues

PB Consult
- June, 2005 – December, 2008
- $509,953
- Governmental relations, coordination, and strategic planning

WRS Environmental Services
- Since October, 2006
- $2,600,000
- Environmental assessment services

Planning Innovations
- Since July, 2004
- $778,478
- Review of technical documents, strategic planning, negotiations, coordination with FTA, financial and environmental analyses

National Constructors Group
- November and December, 2006
- $33,451
- Constructability reviews, RFP review for design/build portion of project

PB Americas
- Since August, 2008
- $185,012
- Chief Operating Officer services

HDR Engineering – Contract C8188
- 9/1/2006 – 11/28/2008
- $330,368.29
- District-wide planning & public transportation services

HDR – Contract C8Q25
- 9/22/2008 – 3/31/2009
- $32,219.49
- Commuter rail planning support

AECOM – Contract 8949 – Regional Transit System Model
- 10/30/2003 – 1/31/2009
- $1,034,036.84
- Ridership modeling for the CFCRT project

EarthTech – Contract C8D18
- 11/14/2004 – 1/31/2009
- $10,056,039.28
- Prime consultant, civil engineering, PD&E, preliminary, final design
Sub Contractors to EarthTech (all services between 11/14/04 and 1/31/09):
Asyst Consulting
- Website
- $29, 815.83

James R. Bockstall
- Signalization Analysis
- $163,000.00

Bowyer Singleton
- Survey, mapping, legal descriptions
- $1,464,214.99

Data Transfer Solutions
- Public Relations videos
- $79,712.32

Dix, Lathrop & Associates
- Landscape architecture analysis & plans
- $300,571.96

Echezabal & Associates
- Survey, mapping
- $852,789.13

Geotechnical and Environmental
- Geotech services
- $937,801.54

Helman, Hurley, Charvat & Peacock Architects
- Architectural services
- $948,404.14

Jeffery A. Parker
- Financial Analysis services
- $307,941.25

Jones, Wood & Gentry
- Survey, control survey, mapping, legal descriptions
- $1,283,308.50

Lochrane Engineering
- Survey, utility coordination, underground utility, design
- $3,424,213.81

Vanasse, Hangen and Brustin
- Civil / Drainage Engineering
- $2,578,357.64

Systra Consulting
- Operations planning
- $1,111,811.68

Glatting Jackson Kercher Anglin
- Public relations on environmental assessment
- $338,413.18

KM Chng Environmental
- Environmental services
- $209,312.36

Keville Enterprises
- Cost estimating services
- $43,311.26

Dovetail Consulting
- Transit operations services
- $62,565.09

Luke Transportation
- Traffic Operations services
- $76,075.41

Nick Serianni
- Financial Analysis
- $8,605.58

Archaeological Consultants
- Archaeological services
- $90,826.29

CSX Transportation
- Rail safety inspections, flagging, signal maintenance services
- $461,779.25

CANAC
- Rail services
- $45,000.00

Aerial Cartographics of America
- Aerial photogrammetry
- $509,842.77

Buchheit Associates
– Survey services, mapping, legal descriptions
– $336,962.09

Phillip J. Mason
- Transit operations services
- $ 57,141.76

Steve Krone
- Video
- $17,962.50

Pecora & Pecora
- Public relations
- $118,380.76

Marianna Ingborg Amberg Gurnee
- Public relations / public outreach
- $138,580.00

GPI Southeast Inc.
- Survey, mapping
- $354,590.26

Dyer, Riddle, Mills & Precourt
- Utility surveying, mapping, utility coordination
- $1,477,499.28

Southeastern Surveying & Mapping
- Utility survey and mapping and utility coordination
- $1,485,913.29

Miller Legg & Associates
- Survey and mapping
- $231,894.33

Zeta Tech Associates
- Operations planning
- $18,026.56

First American Title Insurance Co.
- Title search services
- $3,000.00

TLC Engineering for Architecture
- Electrical and plumbing engineering
- $163,033.00

McElroy Engineering
- Structural engineering

0A
- $195,472.00

MyRegion.org
- Public relations / public outreach
- $265,561.01

What Did MyRegion.org Do With All That State CSX Money?

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1) First and foremost, this plan, it seems to me, represents the apotheosis of the Florida land boom mirage of the middle of this decade. Everything about it screams early 2005. It’s the product of 2005 land values, hammered out by an imperial, sunshine-be-damned Republican governor who got rich through the classic “conservative” paths of inheritance and developer welfare and by John Mica, a corporate socialist Republican congressman who raised tons of campaign cash from Big Freight Rail and later was against stimulus spending before he was for it. It relied upon perpetual 45 degree upward growth projections for Florida’s population and international shipping container traffic, not to mention contributions from local governments that signed on when they were artificially flush with property boom tax money. CSX and company dressed up all of this in the language of progressive priorities like transit and emissions reduction – “greenwashing,” it’s called. The crash of the housing bubble, and all that ensued, eviscerated much of the underlying logic of the plan. The deal would have committed itself — and our money — to a model of Florida that no longer exists. The shape of the next plan will depend largely on the type of Florida that emerges over the next few years.

2) The politics and future of Florida rail: Fascinatingly, opposition to this deal did not break down along party lines. As Dan Tracy wrote recently in the Orlando Sentinel, senators had many and various reasons for opposing the deal. But I would suggest that grassroots opposition broke down into roughly two camps – those who like rail and transit, but hated this specific deal, and those who just generally consider rail a waste of money. I’m in the former camp. I always considered this plan harmful to the long-term prospects of rail throughout Florida because of its cost, geographical patterns, and commitment to use CSX’s lines on CSX’s usurious terms. Those people who claimed it was a stepping stone for other rail systems never, ever explained how that could be.

Many props to the St. Pete Times editorial page for recognizing this in a recent editorial:

The political and business leadership in Tampa Bay can learn a few things from the failed effort — one they foolishly embraced in hopes of securing support from Central Florida for bay area rail down the road. Tampa Bay sent the wrong message to CSX about how much this community would be willing to pay for similar use of the freight corridor. The trick for Tampa Bay was not necessarily to see SunRail succeed at any cost, but to have its terms be reasonable enough to sell the public on rail in Tampa Bay. That is going to be difficult enough under the most favorable terms to the public.

Precisely.

Indeed, TBARTA has put together what seems to me a reasonable, well-conceived plan that lays out a series of multi-modal projects and projected costs – starting with light rail [as Orlando should have] – and making it clear that it all requires publicly approved funding. Tampa and Hillsborough County may place a sales tax referendum on the ballot in 2010 to fund a light rail program. The Orlando plan had no such ongoing funding base, just a commitment from local county governments to cough up money they don’t have, forever.

Those, like me, who opposed this deal more or less from the left, recognize that transit does not pay for itself any more than roads do. We, the citizens, must decide to pay for it. I personally would vote for the Tampa rail tax in a heartbeat. I would also support some sort of statewide gas tax or sales tax dedicated solely to mass transit, with an appointed board to disperse money to projects designed with public value in mind. Hell, I would support placing a ban on construction of new road capacity for 10 years and channeling all state capacity spending into bus, rail, and car-sharing service. I’d spend much more money on rail and integrated transit plans, if the plans make sense and are designed with public benefit in mind. I’d even support kicking in money to CSX if the company acted like a partner, rather than a dictator. For me, it’s a question of value, not cost. I saw very little value, and much active harm, in this deal.

All of this will require reform of FDOT, an organization that basically functions right now as a risk free, interest free investment bank for development and business interests. On top of that, it is, in the words of one Tallahassee reporter I spoke to, “institutionally opaque.” Opaqueness and billions of dollars almost without exception make a bad mix. Someone, hopefully with a title that sounds like inspector general or St. Pete Times reporter, will now crawl down DOT’s throat over this deal and identify just how much money it may have already spent and how legal its behavior in this deal may or may not have been.

A reformed DOT, backed by a new passenger rail friendly Obama administration, could begin to challenge CSX rather than treat the company as a senior arm of the government. I voted against high speed rail twice (Sorry, Doc) because I didn’t think it belonged in the constitution. I still don’t. I remain agnostic, but convinceable, on the actual idea. But one major potential benefit would be the construction of a new, publicly-owned rail corridor along I-4, which CSX could not control. There’s a reason why CSX fiercely backed Jeb Bush’s effort to repeal HSR in 2004. Once the state commits to using I-4 to connect Orlando and Tampa, rather than the A/S line, CSX begins to lose its lucrative grip on the future of rail policy in the state. Depending on engineering realities, I’d like to see a freight line accompany the passenger line. Tie it into the A and S-line. Railroad law is complex, but I think CSX would have to allow the state to do that because of anti-trust rules. I also think it would have to allow rival Norfolk Southern to access that line through the A and S lines. [I could be wrong on this, though.] In any event, think of rail line as oil. It’s a scarce commodity that becomes more valuable the less of it there is. With the right carrots and sticks, maybe CSX could be enticed/bullied into using I-4 and freeing up the A/S line for true commuter rail for Orlando, Lakeland, and Tampa.

Of course, any plan of that sort would certainly run into opposition from the “Axe-the-Tax” type folks, who acted as enemies of our enemies in this deal. And their objections are legitimate. Building true transit infrastructure would cost an enormous amount of money and would certainly require some kind statewide -and probably local – transit tax. That means referenda – or political leaders who are willing to get unelected over such a deal because its long-term benefits are so good. It would take guts. Supporting the current CSX deal brought that same level of political risk, but with no long term benefit. Thus you have the result.

3) Lakeland’s issues: I took a shot recently at Lakeland city government – minus Justin Troller and Howard Wiggs – over the letter it sent urging state senators to dismiss any communication from Lakeland-area folks who opposed the deal. The “official” position was that the city supports the deal, as long as rerouting language accompanied the final bill.

Anyway, it’s one thing to write a letter saying that people in our community have strong feelings about this deal, which we respect, but think are best addressed by supporting this deal. I have no problem with that. But don’t say – without any public discussion in advance of the letter – that some of your citizens “have conveyed the erroneous impression that the City of Lakeland is opposed to the passage of Senate Bill 1212″ – and please contact the city government only for the real scoop. That’s insulting and anti-democratic. It suggests that government doesn’t care what the people have to say and discourages public participation. Coupled with the Chamber’s literal begs for CSX deal support, this whole process has not been official/aristocratic Lakeland’s finest hour.

While I don’t have any real gripe – in concept – with the city government trying to build rerouting into the deal, it’s worth noting that this approach didn’t yield any tangible results for the city to lose.

If the rerouting – and the billion or so dollar price tag accompanying it – had been added to the deal contract, and thus enforceable in court, the city would have stood on firmer ground in warning that opposition to this deal might cost us. Likewise, if the city or DOT had secured any public hint that CSX was willing to use the Van Fleet line, they could argue that Lakeland deal opponents are taking a risk. But neither of those things happened. Instead we got meaningless legislation and a taxpayer-funded study which was then ripped away because it was only a bargaining chip.

Whatever happens in this deal, freight traffic through Lakeland will only be rerouted if the big regional powers to our east and west realize it benefits them to change the flow of freight in the state. (See the I-4 freight line idea.) No one in an executive position of power in state government cares what happens to Lakeland, per se. I think a number of people in such capacity care about I-4 corridor connectivity and development. In the best case scenario, by staking this deal in its ghoulish heart, we have kept the state and regional powers from committing to a flawed and anti-transit model and given them space to come up with something much better. Worst case scenario, they do this anyway in an underhanded end run around the senate. In that case, we’ve lost absolutely nothing and have hung a political risk around the necks of supporters.

4) My goodness, it is quiet over in Haven blog land. Surely Bob Gernert wants to insult/sic the authorities on us some more. But he’ll have to step up his game if he wants to match the “forces of evil” / “knuckledragging Neanderthals” smack coming out of Orlando.

And there you have it – for now. I look forward to writing about new subjects, though probably not as much as you look forward to reading about new subjects. But thanks for following this.

CSX Deal: Relic of a [For Now] Bygone Era

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And finally, I now think that if the freight realignment deal goes down, and CSX gets no public money for the hub, it won’t get built – at least for a number of years. I base that sense partly on some completely unreliable third-hand scuttlebut I’ve heard and partly on common sense. The stuff and vehicle-based economy that drove the push for this hub has crashed and faces long-term structural hurdles to returning to what it was in 2005. At the same time, Florida’s explosive population growth, which also drove the rationale for the hub, has halted.

I’m willing to put my – meager – money where my mouth is. Anybody who wants to bet a $1 on the fate of the hub if the realignment deal goes down, drop me a line.

[Emphasis mine]

Let’s mosey on over to Tom Palmer’s blog for a bit of news:

If the Sunrail legislation had passed, which included some state money to aid in the development of the Winter Haven freight terminal, the plan was to start construction and to have ther terminal open by 2011.

Now that the Sunrail legislation has failed, the groundbreaking for the center will be dictated by economic conditions, [CSX] said, explaining the railroad has been particularly hurt by slow down in deliveries of automobiles and and consumer goods, two items that would play a big part in the freight flow at the Winter Haven facility.

“The stuff and vehicle based economy” meets “deliveries of automobiles and consumer goods.” Man, that first idiot stumbled on something, didn’t he. Anyway, this is what you call an indefinite delay. Seems like fairly important news to me, but what do I know?

Tom sort of brushes it off, writing:

[CSX] confirmed what I had previously reported that the schedule (but nothing else) was tied to the outcome of the Sunrail vote.

I guess that’s true. But it’s a bit like saying the grass in my yard doesn’t depend on rain, it just needs it to grow.

Pay No Attention to That Indefinite Delay for Building the Hub

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Now, this isn’t done. There’s one more day. Anything can happen. But just think about that line from Dyer for a second. “The forces of evil.” Really? Dude, it’s single crappy rail line made possible by a massive, destructive corporate giveaway to CSX that would harm everybody else. We are not talking about waterboarding here. Get a grip.

Orlando Mayor: “The Forces of Evil [That's Us] Have Won” in CSX Deal

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Money paragraphs from City Manager Doug Thomas’ email:

We understand that you may have received information from individuals and/or organizations that have conveyed the erroneous impression that the City of Lakeland is opposed to the passage of Senate Bill 1212. Please be advised that the City of Lakeland has worked diligently throughout the 2009 Legislative Session with Senate Leadership, various Committee Chairs, Bill Sponsors and the Florida Department of Transportation (FDOT) to attain acceptable language in SB 1212 calling for: (A) the FDOT to undertake a Project Design and Environmental (PD&E) Study of various freight rail rerouting options arising from the FDOT District 1 Alternative Rail Study; and (B) that the preferred freight rail rerouting option from the PD&E Study, with a priority ranking from the Polk County Transportation Planning Organization, shall be programmed in the FDOT work program in a fiscal year no later than 10 years from commencement of construction of the CSX Winter Haven Integrated Logistics Center…

We trust this information clarifies any questions or impressions you may have regarding the City of Lakeland’s official position on this legislation, and please feel free to contact the office of either the Lakeland Mayor & City Commission or the City Manager in the event you have any related questions.

Leadership Lakeland must be so proud of its alums. However, it does seem a curious way for Commissioners Gow Fields and Jim Verplanck to approach their mayoral campaigns. I can imagine their speeches: “My fellow Lakelanders, you may be under the erroneous impression that you want a third candidate, perhaps one that is younger, better looking, and more energetic. We assure you that you do not. That’s our official position. You want us to make your decisions for you, in contravention of your input.” Feel those goosebumps?

This is all too silly for words, really. But I suppose I should bite briefly on the substance of the Lakeland language.

1) Lakeland only controls – at best – eight votes on the county’s Transportation Planning Organization, which is made up of elected officials across the county. Eight votes isn’t close to a majority. IMHO, there is no chance that TPO members – which include officials from Winter Haven and Auburndale – will vote to both impact themselves directly through rerouting or commit to massive funding of a project that would likely cause other projects to be delayed. I suspect that’s the reason the TPO language got inserted. The TPO won’t “priority rank” a $1 billion rerouting.

2) No one seems to have asked CSX if it would use any alternative route. I received no response from the company when I asked the press person. And Thomas told me via email that while the city hasn’t secured CSX’s cooperation, it would make perfect sense for it to play ball. Well, of course, if it would make sense, I’m sure CSX will do it out of general principle…

Back in the real world, once the Orlando deal goes through, and $600 million in cash and product is burning holes in CSX’s pockets, our wise commissioners have zero leverage to ask the company to do anything. So, we can get this study done, and TPO prioritization, and all that. But when CSX says no, future legislators will just strike the language from the statute. Lakeland who? “Official” Lakeland, that’s who.

Anyway, if you would like to annoy the commission further, email these two senators: (Larcenia Bullard) bullard.larcenia.web@flsenate.gov; (Sen. Pres. Jeff Atwater) atwater.jeff.web@flsenate.gov. Tell them that official is always temporary.

Lakeland Commission: Man, The People We (Ostensibly) Serve Are Annoying

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The St. Pete Times “Buzz” political blog named her “Winner of the Week” last week. And yesterday, in a remarkable column titled “Sunrail foe kicking our butts,” Orlando Sentinel writer Mike Thomas praised Dockery’s game – and thumped his own editorial page – while reiterating his support for the deal. You may remember Thomas as the guy who wrote last year that “Our Dan Webster can beat up their Paula Dockery.”

This is what he’s writing now:

I’m a choo-choo guy.

But still I can admire the way Sen. Paula Dockery of Lakeland is kicking our butts on SunRail. She led the charge to kill it last year. She has even odds of doing so again this year.

Watching her take on our local legislators is watching a woman among boys.

And there’s this:

She is constantly on the attack, leaving train supporters constantly on the defensive. Our editorial board has called her a saboteur and accused her of selfish interests.

But she only is doing her job. The commuter-rail deal would direct freight traffic that now runs through Orlando through her hometown of Lakeland.

We wouldn’t like it if the tables were reversed. We would demand Lee Constantine stop it.

Dockery’s opponents say it is much easier to gum up the works on a big project than get it approved.

Making it even easier is that SunRail comes as budgets for everything else, including schools, are being slashed.

“This is all about [legislators] having to face the music when they get back home,” says Constantine. “I increased taxes and cut services, but I voted for that train in Orlando. That’s the issue.”

I would only add that it’s not “that train in Orlando” but “CSX’s Florida business plan” that legislators will pay for, but I’ll take it.

Thomas’ column is the first full-throated recognition by a deal supporter of the legitimacy of the positions of its opponents. It’s a shame it came this late. Who knows what might have happened if supporters had approached all of this with intellectual honesty, not aristocratic arrogance?

I’ve long since given up predicting whether this deal will happen. Who knows? I thought we were dead this year when the trial lawyers made their separate peace. But I underestimated Paula Dockery. Should have known better.

Dockery’s Bal…, er, Courage Wins Respect, Even From Opponents

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Their pet freight deal is already teetering on the edge of collapse, and now the Lakeland Chamber has decided, for some reason, to pick this particular moment to urgently back CSX and literally beg its members to pepper legislators with expressions of support. Well, you know what that means: Break out the champagne, my fellow deal opponents. If you’ve lived here for a while, you know that every Lakeland political imbroglio has its Chamber stage, the point at which the Chamber rushes in on the losing side.

Anyway, from Friday’s Ledger story:

In an e-mail sent Wednesday, Lakeland Area Chamber of Commerce’s Katie Daughtrey asked members to pressure lawmakers for passage of the bill.

“I am asking/begging everyone to contact the members of the Transportation and Economic Development Appropriations Committee and voice your support of SB 1212,” she wrote.

“Your email/call does not have to be long … as their offices get flooded with people calling/emailing they will just be counting communications either FOR or AGAINST the bill.”

And

Promise of money in the budget to study and plan alternate freight routes around Lakeland and the promise of commuter rail through Lakeland made it advantageous to support the bill, [Chamber President Kathleen Munson] said.

Promise? In the words of the great Inigo Montoya: I do not think that means what you think it means.

If you remember, at least one key senator – not to mention DOT – hated the previous Lakeland language, which sort of suggested that the state might build an alternative rail route if pigs flew and taxpayers coughed up something between $600 million and $1.2 billion. It was too strong and political. So a yet weaker compromise was reached. Except that this compromise language was “conceptual” last week and remained so as of Friday, according to Gow Fields. “Conceptual” is a fancy word for “doesn’t exist yet.” Thus, when Katie sent her email begging for help for CSX, the chamber had no way of knowing what language concerning Lakeland would actually get into the bill. It still doesn’t. But I hear through the grapevine that the compromise language actually calls for renaming the A-line S-line the Lakeland Chamber Freight Superhighway. OK, so that last part is a joke, but one wonders if the Chamber would be flattered.

Lakeland Chamber Backs The CSX Deal Without Knowing What The Lakeland Language Is

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“It’s not a sure bet that we are going to [succeed],” Orlando Mayor Buddy Dyer acknowledged. “It’s still more likely than not, but I wouldn’t say it’s 100 percent.”

For a group that has depended on the perception of inevitability and political muscle to jam this thing through, that’s an important – and damaging – acknowledgement.

The penultimate bottom line, concerning Lakeland, is this: Language aimed at assuring that new freight traffic caused by the CSX deal gets diverted out of downtown, which I already think has no meaning, appears headed for further watering down to appease Sen. Mike Fasano, R-New Port Richey.

Fasano refused to hear the bill, arguing that this [previous] language would inject “politics” into the state formula to allocate transportation dollars.

So Constantine amended his language to allow a Polk County transportation-planning organization to determine what money is needed — a compromise Lakeland has said it supports.

Fasano said he supports it, too, and will vote for SunRail if his committee hears the bill as expected April 15.

I was curious about that new compromise language, so I asked City Commissioner and mayoral candidate Gow Fields to send it to me. From what I can tell, Fields has emerged as more or less the city’s top local government negotiator in the deal.

Via email, Fields responded that the new language does not exist yet and that what Tracy refers to in the story is “conceptual.” He said the city will not sign off on any language until it actually exists. He expects the actual language to be complete within a week to 10 days, which would mean unveiling it just before Fasano’s hearing. At this point, if the langauge read “CSX shall mitigate its impacts by the spraying manure from passing trains to encourage the growth of grass,” I suspect the city government would sign off on it, so desperate are they not to get blamed for killing anything. But as we consider the efficacy of this specific plan to rely on the TPO – a countywide organization – to get this freight diversion approved and funded, let us remember again that Lakeland can’t even convince Polk county government to join TBARTA.

But, as anyone watching this knows, the fate of the bill does not rest on what happens to Lakeland, one way or another. So the language debate is almost a sideshow.

Finally, I noted something that Tom Palmer noted in a recent blog post. Very matter-of-factly, Tom wrote:

CSX has not announced when construction will begin on at the 318-acre tract the railroad purchased from Winter Haven last year.

Why not? I wonder. Could it be that the company is waiting to see if it gets the at least $23 million in free money earmarked directly for the hub? You would think if all this was a done deal, we’d have a construction date. I’m already on record predicting no construction on the hub of the deal falls in Tally. I wonder if Tom is starting to think the same thing, or if I’m reading too much into his post. Perhaps he’ll answer.

CSX Deal: Nitty Gritty Time and the Unbarking Dog, errr, ILC

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As the Orlando Sentinel reports, Sen. Mike Fasano, R-New Port Richey, says his Transportation and Economic Development Committee will not hear the CSX freight realignment bill until language addressing Lakeland is either killed or gutted further from its already rather acute state of meaninglessness.

Here’s the money passage from the Sentinel reporting:

In the time-compressed politics of the Florida Legislature, the [delay] is a serious sign of trouble for the insurance legislation CSX Corp. and the Orlando region need to consummate the state’s purchase of the 61 miles of tracks for commuter trains.

Senate Transportation and Economic Development budget chief Mike Fasano, R-New Port Richey, said SunRail backers had not addressed his concerns with language meant to bump Lakeland up on the waiting list for transportation dollars to divert freight traffic away from its downtown.

Lakeland officials have long complained the commuter project would send more freight-train traffic rumbling through their downtown. But Fasano has been upset that the plan to appease Lakeland by bumping them up in the state’s transportation construction waiting-list would throw a wrench into the state’s system designed to take political considerations out of the ranking of road projects.

“Nothing’s changed,” Fasano said.

Remember, this is the language Fasano currently can’t accept:

“Following the completion of the department’s alternative rail traffic evaluation, the department shall begin a project development and environmental study that must be reviewed and approved by appropriate federal agencies so that a preferred alternative can be identified which minimizes the impacts associated with freight rail movements along the corridor. This preferred alternative shall become the basis for future development of this freight rail corridor and shall be prioritized for funding in the department’s work program no later than 10 years from commencement of construction of the CSX Integrated Logistics Center…”

That language itself is a step back from the House language, which talks about “eliminating” excess traffic within eight years of the start of the commuter system in Orlando. There are more holes in the Senate language than a golf course, but it’s still not acceptable to Fasano.

Hmmmm. You know, I’m beginning to think I’ve been wrong about the city’s approach to all of this. I used to think they were well-meaning, but a little naive, and unwittingly serving Orlando’s unsuccessful efforts to isolate Paula Dockery. But now, I’m reassessing. Maybe this was their strategy all along. Successfully negotiate language for Lakeland that requires spending somewhere between $500 million and $1.2 billion and then watch it become a poison pill. That’s pretty subtle, even skillful. Kudos.

The next big question is whether the Orlando folks will strip the Lakeland language. My guess is they will. But it’s just a guess. Yet simply getting the language in the bill in the first place has slowed it down and caused more headaches for the Orlando folks. For that, the cynical political operator in me says: “Well played, sirs.”

And finally, I now think that if the freight realignment deal goes down, and CSX gets no public money for the hub, it won’t get built – at least for a number of years. I base that sense partly on some completely unreliable third-hand scuttlebut I’ve heard and partly on common sense. The stuff and vehicle-based economy that drove the push for this hub has crashed and faces long-term structural hurdles to returning to what it was in 2005. At the same time, Florida’s explosive population growth, which also drove the rationale for the hub, has halted.

I’m willing to put my – meager – money where my mouth is. Anybody who wants to bet a $1 on the fate of the hub if the realignment deal goes down, drop me a line.

Senators Need To Stick It To Lakeland to Save CSX Deal

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I’ve provided a side-by-side comparison of the House and Senate language. And I’ll game out the likely scenarios as I see them.

Senate language (link not available):

“Following the completion of the department’s alternative rail traffic evaluation, the department shall begin a project development and environmental study that must be reviewed and approved by appropriate federal agencies so that a preferred alternative can be identified which minimizes the impacts associated with freight rail movements along the corridor. This preferred alternative shall become the basis for future development of this freight rail corridor and shall be prioritized for funding in the department’s work program no later than 10 years from commencement of construction of the CSX Integrated Logistics Center…”

House language:

“…Work with the impacted local governments and CSX Transportation Company to identify and develop an alternative route for through rail traffic destined for the CSX Integrated Logistics Center in Winter Haven. As soon as possible following the completion of the department’s alternative rail traffic evaluation, the department shall begin a project development and environmental study of the preferred alternative such that the negative impacts of commuter rail programs, and intercity rail transportation system projects funded by the state, will be eliminated not later than eight years after commuter rail programs and intercity rail transportation system projects begin operation…”

Fasano said rather bluntly that even the watered down Senate Lakeland language is “way out of bounds” and will come out when his transportation appropriations committee meets next week. Fasano’s reaction illustrates pretty nicely why I and many others think the state will remove or simply ignore any Lakeland-specific rerouting language after CSX and Orlando get their deal. And honestly, from legislators point-of-view, it’s hard to blame them. As I’ve described before, if you accept DOT’s exorbitant cost projections, the Lakeland/west Central Florida rerouting amounts to a $1.2 billion poison bill. It immediately doubles the cost of the entire deal. From a purely provincial standpoint, why would some senator in the Panhandle or south Florida, circa 2012, vote to commit that kind of money to a rerouting that doesn’t really impact them and doesn’t have a hugely powerful constituency behind it? And from a bigger picture view, this entire process – and I’m talking about the entire deal now – is a terrible way to make transportation policy with longterm implications.

Said Fasano:

“You’re going to have other members in both chambers saying, ‘If we’re doing it for Lakeland, if we’re doing it there, then we ought to do it in this district or that district,’” Fasano said.

Uhhh, yep.

Considering all this, what’s likely to happen in the rest of the session? If senators were free to vote their consciences on this deal, I think it would blow up faster than Jim Cramer’s credibility. However, the legislature, like the military, exists to preserve democracy, not practice it. Enormous coercive political and lobbying power is being brought to bear on this deal. And that may prove enough to jam it through. It’s going to be a very close call, with the determining factor probably the relative power of the budget politics and the specter of trail lawyer and union-funded attack ads come 2010. (Yes, I know the trial lawyers are not actively opposing the bill this time, but do you think they would refrain from using a “so-and-so voted for CSX when we were laying off teachers” if they thought it would work during an election?)

As for the Lakeland language, here are my takes on how the Lakeland language plays out next week:

1) Most likely, I think, is that some further watered down rerouting language will emerge as a rhetorical compromise. The bill survives Fasano’s committee and moves on with Lakeland city government’s tacit support, which is actually quite irrelevant to the deal’s fate beyond allowing supporters to try to undermine Paula Dockery’s opposition efforts. In reconciling the bill with the House, negotiators would eventually choose the weaker Senate language.

2) Somewhat less likely is that the city convinces Fasano to leave the Senate language as it is, and the deal eventually faces the music with the Senate’s Lakeland provision intact. The key consideration here is whether senators would consider the rerouting language a true commitment, and thus a $1.2 billion poison pill, or if they would consider it a wink-wink, nudge-nudge placeholder that can be disposed of later with no consequences. I think, when push came to shove, the wink-wink characerization is far more likely.

3) Even less likely, Fasano’s committee could remove the Lakeland language entirely and push the bill forward with no Lakeland/west Central Florida consideration. That would actually be the most honest approach supporters of the deal could take, which is why I think it won’t happen.

4) The best, and thus least likely option, is that the bill dies in Fasano’s committee because of its myriad flaws.

In any case, I think the rather forceful “eliminated” in 8 years language from the House is toast. Once the city tacitly agreed to the weaker Senate language, it removed all incentive for anyone to adopt the tougher House language.

None of this means the city is necessarily wrong to do what it’s doing. I think officials are working hard to play the game as it confronts them and protect the city’s interests as they perceive them. The problem, as I see it, is that this is a rigged game and has been from the start.

However, all of this activity has drummed up the outlines of a decent I-4 corridor deal, focused on the Van Fleet Trail. The key, of course, is that Winter Haven seems not to object to having the excess freight jammed down into the heart of its downtown. That seems to be a trade the city is willing to make for the ILC. Please correct me if I’m inferring too much from Haven’s silence concerning the Van Fleet Trail option.

If the legislature blows up this deal, I think a legitimate possibility exists of creating a new deal, which must be backed by some kind of state mass transit tax/funding source, that incorporates Amtrak and regional transit authorities, accomodates CSX’s needs fairly, and sets us all on a much better transit path.

Gaming Out the CSX Deal’s Rerouting Language

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As of this writing, 83 percent oppose. Unscientific? Absolutely. Manipulated by opponents? Perhaps, though supporters could manipulate it just as easily. Amusing? Yes.

More interestingly, and predictably, the entire Sentinel has managed to ignore the St. Pete Times story on Rep. Steve Precourt’s big money made off the commuter rail portion of the deal. (I’ve google and site searched for Precourt references. If I’ve missed one, let me know and I’ll correct.)

Now, I don’t have any great beef with how the Sentinel’s news operation has handled coverage of the overall deal. News is always written from the geographical point-of-view of the writer, and considering the pressure they must be under from Fred Leonhardt and the Orlando cabal, I think Dan Tracy, Jay Hamburg, and the Tally folks have provided reasonably fair reporting.

But does anybody think that if Paula Dockery somehow had a $1.7 million personal tie to this deal, the Sentinel news operation wouldn’t report it in great detail and that the thoroughly corrupt Sentinel editorial page wouldn’t be hammering it every second of every day? You think Mike Thomas would manage to miss that? It really is striking how the paper’s institutional support of the CSX deal distorts the intellectual honesty of its opinion content. For instance, Scott Maxwell, who has not been one of the nasty cheerleaders, still couldn’t bring himself to say the words SunRail or CSX in his much-deserved crackback on Mica about trumpeting the stimulus money after voting against it. He just linked to Mica’s press release on the extended entry. That’s quite a contortion.

Come on guys, suck it up and show a little professional honor.

Meaningless, But Fun, Sentinel Poll Games: 83 Percent Oppose CSX Deal

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Put aside for a second whether such statuatory language would have any meaning – I don’t think it would -and just consider the question of including it and mandating a rerouting around Lakeland’s core. On that question, the city suffered two big setbacks in recent days.

The first came last week with the unveiling of preliminary cost estimates for potential alternate freight routes. As City Commissioner Gow Fields pointed out in his interview with Chuck a few days ago, the only real logistical and political possibility for rerouting is to use the former rail line-turned-Van Fleet Trail between Wildwood and Polk City. However, DOT’s study of alternate routes pegged the Van Fleet option at $1.2 billion, easily the most expensive of the would-be alternatives studied. $1.2 billion is DOT-speak for “not gonna happen.” There has been grumbling that DOT went out of its way to drive up the final number, including unnecessary costs in its study.

I asked Fields about that last night, and he just said, “They didn’t lowball us.” City Manager Doug Thomas, who along with Fields has spearheaded Lakeland’s approach to the deal, called the costs “staggering” during last week’s meeting.

Fast forward to yesterday. During a Senate Transportation Committee meeting, Sen. Paula Dockery called Orlando’s bluff on the Lakeland language by suggesting an amendment to Sen. Lee Constantine’s rail deal legislation that simply would have adopted the unequivocal rerouting language already adopted by the House. Keep in mind, Constantine is the Orlando-area legislator the city has been negotiating with all this time over this very language. So when push came to shove, what was his answer? Nope.

He said the language amounts to a blank check, and he can’t support it. Honestly, given the massive price tag ginned up by DOT, it’s hard to blame Constantine. Though blank checks for this deal haven’t seemed to bother him or other supporters until now.

The committee’s rejection of Dockery’s amendment set off some rather pathetic dissembling by Constantine, which I happened to watch on replay last night. He said first that he’s been in negotiations with Lakeland officials and that they are happy with the current rerouting language, which is full of weasel words like “if practicable” or “if feasible.” Then he said, despite Lakeland’s happiness with the language, that he would have new language that Lakeland would be happy with by the time the bill reached the Senate floor. He didn’t say what it was. Then he said he would have the new language before it reached the floor so senators could review it. Then he again said Lakeland was happy with all of those things. Then he said trust me, I’ll take care of Lakeland. I promise. And you know I get things done and do what I say, etc., etc. Or something very close to that. I didn’t write it down.

All in all, it left Constantine’s position harder to unravel than AIG’s balance sheet.

When I talked to Fields last night, he wasn’t certain of exactly what happened at the committee meeting. But he made it clear that city government would oppose the deal if the language equivocated, as it currently does. The city is not happy with Constantine’s current language. Period. Fields also said that unveiling new language on the floor was not the agreement the city thought it had with Constantine.

Objective observers might conclude that such a state of events – grossly expensive rerouting and dissembling senators – indicates the state and the Orlando cabal have no intention whatsoever to help Lakeland. It might suggest that they’ve been using the city to try to string things out and isolate Dockery. This is how good faith is rewarded when you’re dealing with people acting in bad faith. And thankfully, Sen. Dockery put that on display for everyone yesterday.

DOT and Orlando Legislators Reward Lakeland Government’s Diplomacy With The Hand

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That is all.

Call It The Mica Rule

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The CSX deal may or may not come up. But clearly, the Orlando cabal and Crist are selling it now as badly needed stimulus for the ailing Florida economy. It’s their best argument. Clearly, as you can tell from my giant post at Metro I-4 News yesterday, I’m a stimulus proponent. So this argument makes me sigh and think self-importantly of Kipling’s line: “If you can bear to hear the truth you’ve spoken twisted by knaves to make a trap for fools.”

First of all, this deal is not “shovel ready.” The bids are screwy. There are problems with the rail cars. Who knows what other landmines lurk? But put that aside. If all other things were equal, I might acknowledge some useful stimulative benefit in the tiny commuter portion of the state spending. If the state was paying just the $150 million it first announced as the A-line price and not directly hurting other communities in the process and putting on the hook for CSX’s screwups on our line, I’d support this deal. But none of those things are the case.

It was announced yesterday, by CSX business partner JD Alexander, that the state deficit this year is likely to reach $6 billion. Polk schools were already expecting a 10 percent budget cut. That will go up. Leading to this question: What is the best use of the dead money now set aside for CSX? The state says it’s like $450 million. Others think it’s closer to $600 million, depending on the status of the Ocala-area overpass construction. There’s more state money involved, but it’s more complicated to identify.

In my long piece at MI4, I cited a fascinating story about Japan’s experience with stimulus and near depression over the last decade or so. Here’s the relevent passage:

“…Nowhere is it written that road-building is stimulus, and everything else is pork. That’s just head-smashingly stupid. Read this terrific story in the New York Times about Japan’s decade-plus-long economic morass, which avoided depression through massive and often wasteful stimulus spending focused on beautiful bridges-to-nowhere and other capacity-increasing projects.

Money quote from the piece:

Moreover, it matters what gets built: Japan spent too much on increasingly wasteful roads and bridges, and not enough in areas like education and social services, which studies show deliver more bang for the buck than infrastructure spending. (Emphasis mine)

“It is not enough just to hire workers to dig holes and then fill them in again,” said Toshihiro Ihori, an economics professor at the University of Tokyo. “One lesson from Japan is that public works get the best results when they create something useful for the future.”

Infuriatingly, the Senate version of the stimulus bill trades out direct aid for states, almost all of which would go to help stave off major health care and education service cuts, in favor of pointless tax cuts. That state aid would go immediately into economic circulation by paying doctors, nurses, or teachers, and it would provide a vital service in the process by keeping people healthy and/or educated. Without it, the Polk School District will be furloughing employees. And much worse will come next year.

Building, say, an unnecessary freight superhighway designed to give a private company a dominant future business position with $600 million in tax money isn’t as effective as sustaining the vital economic and social activity around which communities have built their existence.”

Ask CSX, and they’ll tell you that they don’t need this deal, beyond the freight hub in Winter Haven. And they’ll imply they don’t even care if it happens. I think they’re being disingenuous, but that’s what they say. They already have the capacity to do what they want to do. This deal creates more overcapacity, which is the entire problem our economy suffers from today. One cannot say that education and health care suffer from overcapacity when we are cutting vital supply. CSX/the state will employ some contractor – probably from out of state – for temporary construction work. And then the freight portion of the project – which is the largest portion – will produce nothing of value to anyone but CSX and JD Alexander over the long term. That wouldn’t be so bad if the state, led by JD Alexander, wasn’t fired up to cut existing vital services that do produce long-term value in and of themselves, and also provide direct economic stimulus by keeping people employed who would otherwise get fired. But that is the case. Dead money. That’s what the freight portion of this deal is. And as of right now, it can be said, objectively: Charlie Crist cares far more about assuring CSX’s longterm business prospects than he does about keeping teachers and nurses employed.

By the way, if you live near Lakeland and want to hear firsthand what the cuts for education will mean, come to Harrison School of the Arts, where my daughter is a sophomore (full disclosure) Monday, Feb. 23, at 7 p.m. Superintendent Gail McKinzie will speak. Perhaps you can ask her what Polk schools could do with
a fair portion of the CSX money.

Explaining To CSX’s Governor Why Schools Make Better Stimulus Than Unnecessary Freight Highways

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Many supporters might felt that would hurt opposition to the project, but it seems it merely freed Goudreau to concentrate on the rail project. In her post-newspaper world, Goudreau has decided to focus on CSX, Commuter Rail, and taxpayer dollars. She’s joined the new media transition with an issue site of her own: WrongTrack4Florida.com. Want to guess the focus?

Goudreau is quick to let you know she’s not new to the subject, “I’ve written about this issue a long time.” She’s as quick to let you know where she stands, “This may be the worse deal ever for taxpayers.”

“We make no apologies for having a point of view,” Goudreau adds, with new media journalist enthusiasm. She’ll also tick off what you can expect on the site: content, context, and a laser-like focus on the deal. With reader comments already flowing, Goudreau expects a lot of give-and-take, “I can take on the concerns and arguments and reveal the truth.”

She doesn’t expect much from her opposition though, “In the face of all the arguments, the other side has only one response, ‘Orlando needs commuter rail.’” Goudreau acknowledges commuter rail is a major statewide need, and argues the Orlando plan is a “white elephant” than removes a mere 3600 cars from the road. “It’s going to give commuter rail a bad name. Take that money and create a route to key places.”

Even with strong opinions against the project, Goudreau believes her journalism experience will keep the site a focus for those on all sides of the issue, “I will follow journalism tenets and I am committed to fixing any errors.”

The site isn’t without growing pains. Goudreau states she was originally hired by the Lakeland Downtown Development Authority to create the CSX issue site. She offered that it was a short position, “LDDA and I parted company because they felt heat. I’m committed to seeing it through.”

To build her site, Goudreau tapped into the expertise of elected officials and key citizens familiar with the project, “I tapped into a network of persons trying to get answers.” She’s already placed a lot of information on the site, “I feel I wrote a seven-part series.” Goudreau hasn’t created a static information site though. She’s planning ongoing coverage, “I do plan to go to Tallahassee and cover key parts of committee hearings.” She feels the statewide coverage is necessary, “This deal is bad for Florida. It sets precedents that encourage corporate welfare.”

She believes her current hometown of Tampa will be severely affected, “This deal will create an enormous barrier for commuter rail. It cuts Tampa Bay off from the rest of the state for commuter rail. Florida needs a statewide plan for moving people by train.” She often states her opposition isn’t locale based though, “I live in Tampa, but I’m a citizen of Florida.”

Goudreau points out that her years as an Orlando resident gives her an understanding of the needs for their transit help, but argues the CSX ILC/Orlando Rail project isn’t the answer. More telling is her economic values during her stint on the Tribune editorial board, “The Trib supports fiscal conservativism, and I was under the belief our state representatives did also.” She added she was “shocked” that “the leader of the Senate was willing to toss aside his fiscal conservative values” to support the plan. She expects that the politics part of her site will receive the most attention.

Goudreau also holds key members of the Florida Department of Transportation to task, “DOT delayed projects two years to make money available for Orlando rail.” She said reading through the long process gave her a negative opinion of the FDOT, “It doesn’t seem they are working on the behalf of citizens. They’re working for those who have money.”

While obviously happy with her site, Goudreau took time out to call attention to her former paper, “The Tribune is still covering the story. Let me put in a plug for Lindsay Peterson.” Goudreau pointed out that Peterson, and former Trib reporter, Billy Townsend, uncovered much of the CSX ILC/Orlando Rail Project story. “The Tribune coverage of this issue is a hallmark of its journalism these past two years.”

Wrong Track for Florida, Right Site for Floridians

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The Honorable Charlie Crist
Governor of Florida
PL 01 The Capitol
Tallahassee FL 32399-0001

Dear Governor Crist,

Florida is about to make a hundred-year decision on transportation, similar to the 1950s, when Congress created the interstate highway system and forever changed neighborhoods whose voices were shut out.

The Florida Department of Transportation wants to close a deal with CSX Railroad that would create a freight super-railway through Starke, Ocala, Wildwood, Dade City, Plant City and Lakeland. These communities had no say in the matter – no knowledge it was even being planned – until former Governor Bush announced the deal was done.

As you know, I initially expressed concern about the CSX deal because it could send as many as 54 trains a day through downtown Lakeland, which already faces disruption from 16 daily trains. But after seeing the terrible terms this deal imposes on state taxpayers, and how little it would do to relieve congestion around Orlando, I’m compelled to ask your help in pursuing a better deal for Florida.

The last time we talked, you said you wanted a better understanding of the details. Take it from me, the facts are extraordinarily difficult to find. So after you honored me with an appointment to your Commission on Open Government, I realized I could submit a public-records request, too. What I found in the 27 boxes of disorganized documents that FDOT delivered would suggest that citizens needed a better negotiator!

Did you know that at $10.5 million per mile, Florida would pay the highest rail-sale price in U.S. history? And that taxpayers would pay for CSX’s mistakes on our tracks, even if the freight railroad is grossly negligent? And that the CSX route would take only 3,600 cars off Interstate 4?

Despite what you’ve heard, there is no federal money set aside for this $1.2 billion-and-climbing project, except for the $22 million given a company that builds rail cars and has since gone out of business. Indeed, the Federal Transit Administration says this project isn’t cost effective and will provide little relief to I-4. Only politics, not merits, will move this route up the federal priority list – the kind of politics that citizens rejected in the last election. People are tired of the giveaways and corporate welfare that government too readily hands out. They want government to tighten its belt, especially in these difficult days. And you should know that Massachusetts, for one, is standing down CSX’s hard-nosed demands.

Look, I’m a strong proponent of rail transit. My track record speaks for itself. But this project has all the makings of a white elephant that could actually harm Florida’s efforts to create meaningful routes for passenger rail – across regions and across the state.

As I’ve discovered in the past 18 months, the problems with the CSX deal transcend mile-long trains through Lakeland and citizens being shut out.

Yet on behalf of those citizens, and fiscal conservatives everywhere, I would ask you to again uncap your red pen. Tell interested parties you know we can do better, we must do better.

The CSX deal needs to be renegotiated to put the interests of Florida taxpayers above the profits of a Fortune 500 company. Solutions are apparent, but the private railroad refuses to consider them, unless even more money is spent to build even more private freight tracks.

With your muscle at the wheel, Governor, Florida can create a win-win for Central Florida, and all the taxpayers of this great state.

On a personal level, I’ve been briefing my colleagues on the CSX deal, one by one. My packet includes documents they’ve never seen before. I would appreciate the opportunity to brief you, too. I will call your office to see if we might find a good time.

Again, Governor, thanks for your consideration on this century-defining decision. I look forward to speaking to you soon.

With warmest regards,

Paula Dockery
State Senator, 15th District

Senator Dockery’s Letter to Govenor Crist on the Eve of His Announcement

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As you may have noticed, two of the possible freight realignment routes – seemingly the only available routes – for downtown Lakeland involved reactivating the track that became the Van Fleet Trail between Wildwood and Auburndale. At least one of them would then reactivate closed tracks that run through the very heart of downtown Winter Haven, which would make for wonderful poetic justice. And at least one would run into a new park in Auburndale. In a shocking development, government officials with Auburndale and Winter Haven are less than enthusiastic about those ideas.
Auburndale Special Projects Director Cindy Hummel reacted with “total fury” to the route that would run through the park, according to the News Chief.

What follows is the letter I imagine Winter Haven Chamber Pres. Bob Gernert and City Manager David Greene are crafting right now to set her straight.

Dear Cindy:

We read recently that you are angry about the possibility of rerouting freight traffic in ways that may affect the public spaces you’ve spent lots of money to enhance. That’s understandable. But you have to get over it. In the grand scheme of things, in this economy, public spaces must be sacrificed.

We here in the Winter Haven government and business elite are honest and upstanding about our commitments, and we’ve stated publicly that we want to help Lakeland with the rerouting made necessary partly because of our ILC.

As Bob wrote on Oct. 16, 2008: “Lakeland’s agenda includes rerouting freight traffic away from downtown. The Florida Department of Transportation is currently studying the feasibility for just such rerouting. We support Lakeland’s quest for the best solution possible.”

A map and common sense will tell you that the Van Fleet Trail line is the most efficient way to reroute freight traffic from Lakeland’s core and avoid creating a longterm industrial corridor/freight superhighway leading into the ILC. And you know, none of us – including you and Bobby Green – had any concern about this deal when it was dumping the bad parts in the middle of Lakeland’s public projects. Jack Myers even talked about how much you guys like trains, if we remember correctly. It’s only fair and right that we, who have supported and fought for this plan, embrace its consequences. We must all sacrifice a little for the greater glory of CSX, economic development, and the regional unity embodied by the “One Polk” organization.

And honestly, trains and parks and trails can coexist quite well together. We in Winter Haven have a much greater sacrifice to make. Bob’s already looking for new office space to replace the chamber office that will be demolished to make room for the revitalized line through downtown. But that’s a small price to pay to for 100 jobs or so at the ILC and the big financial boost for Phoenix Industries and Highland Cassidy. So get on board, Cindy.

Yours Truly In Freight,

Bob Gernert and David Greene

Dear Cindy Hummel: A Fictional Letter From Bob Gernert and David Greene

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Why aren’t the fiscal conservatives or the fiscally responsible in Tallahassee asking why the state of Florida is paying a national corporation that made a record $2.2 billion profit last year – up 26 percent from the year before, incidentally – so much for a project that some observers say could be done for one-third or less than the current price tag? — State Budget Priorities: Florida Holds Gold Mine for CSX

The Ledger editorial writers understand what so many reporters in Central Florida have missed with their questions about train noise and city versus city squabbles. The CSX deal is corporate welfare at a time when the citizens of this state can not afford to pay for basic services.

I urge you to take the time to pass along The Ledger editorial to your friends and family. Take a moment to explain the history of the commuter project. Remind them this isn’t a deal for a commuter railroad, this is a deal to railroad the commuters.

photo credit: by Chuck Welch for Lakeland Local

The Ledger does the right thing…

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“We still don’t have the votes yet,” said Sen. Lee Constantine, R- Altamonte Springs, who chairs the powerful Judiciary Committee, adding that he knows several senators who have found other reasons to oppose the bill now that trial lawyers weren’t fighting it.

This came from the Orlando Sentinel’s story reporting that the Trial Lawyers have decided to remain neutral in this year’s scrum over the deal. Honestly, I would have thought that the lawyers pulling out would have been a pretty big nail in our coffin over here. And yet, that does not appear to be the case.

We seem to still have a fighting chance. So email or call Senate President Jeff Atwater and ask him to do the right thing by Florida and Lakeland: atwater.jeff.web@flsenate.gov, (850) 487-5100

It would be nice if the full Lakeland City Commission wanted to go to the barricades with the rest of us, but that’s really not its nature. In the 10 years I’ve watched Lakeland government, the overarching value of the City Commission has been to avoid public confrontation. That helps with stability and allows technocrats to do their jobs more freely than they might within a more freewheeling political culture. (See the Polk County Planning Department) But it also breeds pacifity, which might explain why city government has gotten worked by David Greene, JD Alexander, and the Orlando cabal – a bunch of guys who are not passive – on this and other issues. This instinct to accomodate was on display in Rick Rousos’ big Sunday story in which a series of city commissioners explain why they’re reluctant to criticize the deal in a political context. This isn’t so much a position as a temperament, and it’s been consistent throughout. So there’s really very little new here.

Half of Rick’s story was a solid rundown of the state of the deal. And I was particularly heartened with how unequivocally Rick wrote this: “Essentially, Lakeland would get freight train traffic that Orlando is trying to ditch.” It shows how much the idea that one region is actively harming another is really sinking in and becoming conventional wisdom. The other half was the city commission discussion. It was about what you would expect. My favorite part came in this passage quoting Commissioner Edie Yates:

Lakeland City Commissioner Edie Yates said she thinks that’s the right approach. She said Lakeland needs to be a decent family member, not an out-of-control outcast who’s not welcome at the table in conversations with others.

“It has to be done diplomatically,” Yates said. “Let’s do it right, and let’s get partners to help us.”

I don’t know if the decent family member, out-of-control outcast thing is Rick’s phrasing or hers. But it’s pretty amusing either way. When we were a decent family member, circa 2005-07, we weren’t welcome at the table. In fact, people rewarded our decency by making sure not to tell us there was a table. It was only after the out-of-control outcasts – otherwise known as citizens, constituents, and Paula Dockery – successfully bought time in 2008 that our FDOT and regional family ever bothered to pretend to ask us to the table, wherever that may be located. I haven’t seen it.

With respect, I think Edie’s been listening to Dick Cheney too much. “Diplomacy” does not equal “be nice to people and hope they return the favor.” Diplomacy is the art of using politics, pressure, and leverage in the service of your particular interests. The only leverage we have, the only pressure we can bring, is this plan’s lack of existence. Once that’s gone, so is the family table, or so I see it.

Even if I’m wrong, it’s not clear to me why some city commissioners think it’s harmful for the out-of-control outcasts to keep up the pressure. The worst thing that happens is we lose, and the decent family members get to say to the powers-that-be: “We didn’t fight you with everything we had. We were reasonable and worked through the process and didn’t sue to stop your project because you said you were going to do…something.” Edie and Gow and the rest benefit in comparison to us. And maybe that will help as a backup.

However, when considering whether the City Commission’s charm offensive stands to work if the deal goes through, I would just note this: City officials, despite their diplomatic skills, haven’t even been able to convince Polk County to join the Tampa Bay Area Regional Transit Authority.

Are they really going to be able to convince enough state legislators to drop millions more on freight rerouting around Lakeland?

CSX Deal And Diplomacy

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We sure are selfish over here. After all, these freight trains and this looming industrial corridor really aren’t that big of a deal. Don’t we understand that CSX provides a valuable freight service, for which we should all be thankful? And, I mean, these Orlando folks have just wanted commuter rail for so long. It’s been such a high priority. It’s so important for mobility. And did I mention the freight traffic really isn’t that big a deal? Surely, if they could, those Orlando folks would keep it because it’s really a minor issue, right?

Hmmm. From the Sentinel, A1, Oct. 15, 2002, Part 3 of a 4-part series called Breaking the Gridlock.

Headline: Rerouting Trains Could Ease Backups; But Diverting Them From Orlando’s Center Would Come At A Steep Price

“Twinkies and beer, it turns out, do a remarkably good job of blocking traffic. Of course, anything packed in a mile-long freight train stops traffic. Just ask Central Florida drivers. About a dozen times a day, their trips through Winter Park, Orlando and other parts or urban Orange County are halted by engines and freight cars rumbling across the region’s urban midsection.

“Those trains, hauling everything from coal to auto parts – and even the spongy snack cakes – can shut down an intersection for five minutes or more. Over the course of an entire day, that’s nothing. But to commuters hurrying to work or racing to pick up a child at day care, it’s an eternity….

“…For 20 years, there have been sporadic calls to move train traffic [You mean calls for commuter rail, right? It's such a priority, right?] out of downtown Orlando, but the effort has never picked up steam. It’s a great idea, offcials say, but no one has been willing to take on the tab, which could top $400 million. Now, however, Orange County Chairman Rich Crotty has appointed a 21-member committee to find a way to get traffic moving in car-clogged Central Florida. And while most of his proposal focuses on bigger and better roads, it’s also raising the question of what to do with the freight tracks that run right through the heart of downtown.

“…Today, about 12 freight trains and five passenger trains lumber through downtown every day…[Lakeland can expect at least double that as the rail relocation and deal play out over the next 10 to 15 years, according to a new state study.]….

“…The best chance for moving freight may come if local leaders decide to run commuter rail through Orlando. Already, John Mica, R-CSX [OK, that's mine] has secured about $8 million in federal money…

“…”It’ll have to be tied to a mass transit project,” Mica said. “That’s the only way.” [That, and finding a state Department of Transportation willing to dump one city's problem onto another with no warning, discussion, or mitigation.]

Again, not a passenger rail deal, folks. It begins and ends with freight rail, as Mica himself so elegantly puts it. None of this is new. I reported these basic facts back when I worked for The Trib, but it was funny to discover this story as I was fishing around through some stuff. I can’t link to the whole thing, It’s too old. I just saw a hard copy.

I don’t know who’s writing the editorials for the Sentinel now that Jane Healy is retired, or whatever. But come on guys – Healy, Mike Thomas, whoever, read your own paper and have a little honor. You could very easily write: “Yes, yes, we got over and stuck it secretly to cities in west Central Florida – and probably the rest of Florida – with the help of DOT. We understand why they might be mad, but, ces’t la vie…” That would be intellectually honest. At least stop whining. You’re the big kids kicking sand in everybody’s face. My goodness, Mica and Jeb put this deal together, and you’re being bullied? Please. It’s not enough to get over? You have to complain about people realizing you’re getting over?

Or, if you actually wanted to be responsible, you could write: “Yes, yes, we got over and stuck it secretly to cities in west Central Florida – and probably the rest of Florida – with the help of DOT. Maybe that was a mistake. We understand why they might be mad, and maybe we ought to work on a way to improve this for everyone.”

I won’t hold my breath.

photo credit: william couch

The Almost Charmingly Relentless Bad Faith Of The Orlando Sentinel’s Editorial Page

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